This commandment, as we learn from our Lord's exposition of it, given
in his sermon on the mount, forbids all impurity in thought, speech,
and behaviour. As the social organization of society is founded on the
distinction of the sexes, and as the well-being of the state and the
purity and prosperity of the Church rest on the sanctity of the family
relation, it is of the last importance that the normal, or divinely
constituted relation of the sexes be preserved in its integrity.
Celibacy.
Among the important questions to be considered under the head of this
commandment, the first is, Whether the Bible teaches that there is any
special virtue in a life of celibacy? This is really a question,
whether there was an error in the creation of man.
1. The very fact that God created man, male and female, declaring that
it was not good for either to be alone, and constituted marriage in
paradise, should be decisive on this subject. The doctrine which
degrades marriage by making it a less holy state, has its foundation in
Manicheeism or Gnosticism. It assumes that evil is essentially
connected with matter; that sin has its seat and source in the body;
that holiness is attainable only through asceticism and "neglecting of
the body;" that because the "vita angelica" is a higher form of life
than that of men here on earth, therefore marriage is a degradation.
The doctrine of the Romish Church on this subject, therefore, is
thoroughly anti-Christian. It rests on principles derived from the
philosophy of the heathen. It presupposes that God is not the author of
matter; and that He did not make man pure, when He invested him with a
body.
2. Throughout the Old Testament Scriptures marriage is represented as
the normal state of man. The command to our first parents before the
fall was, "Be fruitful, and multiply, and replenish the earth." Without
marriage the purpose of God in regard to our world could not be carried
out; it is, therefore, contradictory to the Scriptures to assume that
marriage is less holy, or less acceptable to God than celibacy. To be
unmarried, was regarded under the old dispensation as a calamity and a
disgrace. (Judges xi. 37; Ps. lxxviii. 63; Is. iv. 1; xiii. 12.) The
highest earthly destiny of a woman, according to the Old Testament
Scriptures, which are the word of God, was not to be a nun, but to be
the mistress of a family, and a mother of children. (Gen. xxx. 1; Ps.
cxiii. 9; cxxvii. 3; cxxviii. 3, 4; Prov. xviii. 22; xxxi. 10, 28.)
3. The same high estimate of marriage, characterizes the teachings of
the New Testament. Marriage is declared to be "honourable in all."
(Heb. xiii. 4.) Paul says, " Let every man have his own wife, and let
every woman have her own husband." (1 Cor. vii. 2.) In 1 Timothy v. 14,
he says: "I will, that the younger women marry." In 1 Timothy iv. 3,
"forbidding to marry" is included among the doctrines of devils. As the
truth comes from the Holy Spirit, so false doctrines, according to the
Apostle's mode of thinking, come from Satan, and his agents, the
demons; they are "the seducing spirits" spoken of in the same verse.
[328] Our Lord more than once (Matt. xix. 5; Mark x. 7) quotes and
enforces the original law given in Genesis ii. 24, that man shall
"leave his father and his mother, and shall cleave unto his wife, and
they shall be one flesh." The same passage is quoted by the Apostle as
containing a great and symbolical truth. (Eph. v. 31.) It is thus
taught that the marriage relation is the most intimate and sacred that
can exist on earth, to which all other human relations must be
sacrificed. We accordingly find that from the beginning, with rare
exceptions, patriarchs, prophets, apostles, confessors, and martyrs,
have been married men. If marriage was not a degradation to them,
surely it cannot be to monks and priests.
The strongest proof of the sanctity of the marriage relation in the
sight of God, is to be found in the fact that both in the Old and in
the New Testaments, it is made the symbol of the relation between God
and his people. "Thy Maker is thy husband," are the words of God, and
contain a world of truth, of grace, and of love. The departure of the
people from God, is illustrated by a reference to a wife forsaking her
husband; while God's forbearance, tenderness, and love, area compared
to those of a faithful husband to his wife. "As the bridegroom
rejoiceth over the bride, so shall thy God rejoice over thee." (Is.
lxii. 5.) In the New Testament, this reference to the marriage
relation, to illustrate the union between Christ and the Church, is
frequent and instructive. The Church is called "the Bride, the Lamb's
wife." (Rev. xxi. 9.) And the consummation of the work of salvation is
set forth as the marriage, or the marriage-supper of the Lamb. (Rev.
xix. 7 , 9.) In Ephesians v. 22-33, the union between husbands and
wives, and the duties thence resulting, are set forth as so analogous
to the union between Christ and his Church, that in some cases it is
hard to determine to which union the language of the Apostle is to be
applied. It is a matter of astonishment, in view of all these facts,
that marriage has so extensively and persistently been regarded as
something degrading, and celibacy or perpetual virginity as a special
and peculiar virtue. No more striking evidence of the influence of a
false philosophy in perverting the minds of even good men, is afforded
in the whole history of the Church. Even the Reformers did not escape
altogether from its influence. They often speak of marriage as the less
of two evils; not as in itself a good; and not as the normal and
appropriate state in which men and women should live, as designed by
God in the very constitution of their nature, and as the best adapted
to the exercise and development of all social and Christian virtues.
Thus Calvin says: "Unde constat et aliam quamlibet, extra conjugium,
societatem coram ipso [Deo] maledictam esse; et illam ipsam conjugalem
in necessitatis remedium esse ordinatam, ne in effrenem libidinem
proruamus. . . . . Jam quum per naturæ conditionem et accensa post
lapsum libidine, mulieris consortio bis obnoxii simus, nisi quos
singulari gratia Deus inde exemit; videant singuli quid sibi datum sit.
Virginitas, fateor, virtus est non contemnenda: sed quoniam aliis
negata est, allis nonnisi ad tempus concessa, qui ab incontinentia
vexantur, et superiores in certamine esse nequeunt ad matrimonii
subsidium se conferant, ut ita in suæ vocationis gradu castitatem
colant." [329] That is, virginity is a virtue. Celibacy is a higher
state than marriage. Those who cannot live in that state, should
descend to the lower platform of married life. With such dregs of
Manichean philosophy was the pure truth of the Bible contaminated, even
as held by the most illustrious Reformers.
4. The teaching of Scripture as to the sanctity of marriage is
confirmed by the experience of the world. It is only in the marriage
state that some of the purest, most disinterested, and most elevated
principles of our nature are called into exercise. All that concerns
filial piety, and parental and especially maternal affection, depends
on marriage for its very existence. Yet on the purifying and
restraining influence of these affections the well-being of human
society is in a large measure dependent. It is in the bosom of the
family that there is a constant call for acts of kindness, of
sell-denial, of forbearance, and of love. The family, therefore, is the
sphere the best adapted for the development of all the social virtues;
and it may be safely said that there is far more of moral excellence
and of true religion to be found in Christian households, than in the
desolate homes of priests, or in the gloomy cells of monks and nuns. A
man with his children or grandchildren on his knees, is an object of
higher reverence than any emaciated anchorite in his cave.
5. Our Lord teaches that a tree is known by its fruits. There has been
no more prolific source of evil to the Church than the unscriptural
notion of the special virtue of virginity and the enforced celibacy of
the clergy and monastic vows, to which that action has given rise. This
is the teaching of history. On this point the testimony of Romanists as
well as of Protestants is decisive and overwhelming. It may be admitted
that the Catholic clergy in this and in some other countries are as
decorous in their lives, as the clergy of other denominations, without
invalidating the testimony of history as to the evils of vows of
celibacy.
Protestants, while asserting the sanctity of marriage and denying the
superior virtue of a life of celibacy, do not deny that there are times
and circumstances in which celibacy is a virtue: i.e., that a man may
perform a virtuous act in resolving never to marry. The Church often
has work to do, for which single men are the only proper agents. The
cares of a family, in other words, would unfit a man for the execution
of the task assigned. This, however, does not suppose that celibacy is
in itself a virtue. It may also happen that a rich man may be called
upon to undertake a work which would necessitate his disencumbering
himself of the care of his estate, and subjecting himself to a life of
poverty. The same is true of the state. In fact military service, for
the great majority of the rank and file of an army, is an estate of
forced celibacy so long as the service continues. And even with regard
to the officers, the liberty to marry is very much restricted in the
standing armies of Europe. There are times when marriage is
inexpedient. Our Lord in foretelling the destruction of Jerusalem said,
"Woe unto them that are with child, and to them that give suck in those
days." It is the part of wisdom to escape such woes. When Christians
had no security for life or home; when they were liable to be torn away
from their families, or to have all means of providing for their wants
taken out of their hands, it was better for them not to marry. It is in
reference to such times and circumstances that the words of Christ, in
the nineteenth chapter of Matthew, were uttered, and the advice of the
Apostle, in the seventh chapter of First Corinthians was given. The
Pharisees asked our Lord whether a man could put away his wife at
pleasure. He referred them to the original institution of marriage, as
showing that it was intended to be an indissoluble connection. His
disciples said, In that case it is better that a man should not marry.
Our Lord replied: Whether it is better for a man to marry or not, is
not a question for every man to decide for himself. "That the unmarried
state is better, is a saying not for every one, and indeed only for
such as it is divinely intended for." [330] That is, those to whom the
requisite grace is given, "Omnes hujus dicti capaces esse negans,
significat electionem non esse positam in manu nostra, acsi de re nobis
subjecta esset consultatio. Si quis utile sibi esse putat uxore carere,
atque ita nullo examine habito, coelibatus legem sibi edicit, longe
fallitur. Deus enim, qui pronuntiavit bonum esse, ut viro adjutrix sit
mulier, contempti sui ordinis poenam exiget: quia nimium sibi arrogant
mortales, dum se a coelesti vocatione eximere tentant. Porro non esse
omnibus liberum, eligere utrum libuerit, inde probat Christus, quia
speciale sit continentiæ donum: nam quum dicit, non omnes esse capaces,
sed quibus datum est, clare demonstrat non omnibus esse datum." [331]
Those to whom it is given to lead an unmarried life, as our Lord
teaches (Matt. xix. 10), are not only those who by their natural
constitution are unfit for the marriage state, but those whom God calls
to special service in his Church and whom He fits for that work.
The doctrine which Paul teaches on this subject is perfectly coincident
with the teachings of our Lord. He recognizes marriage as a divine
institution; as in itself good; as the normal and proper state in which
men and women should live; but as it is necessarily attended by many
cares and distractions, it was expedient in times of trouble, to remain
unmarried. This is the purport of Paul's teachings in First Corinthians
ii. No one of the sacred writers, whether in the Old or in the New
Testament, so exalts and glorifies marriage as does this Apostle in his
Epistle to the Ephesians. He, therefore, is not the man, guided as he
was in all his teachings by the Spirit of God, to depreciate or
undervalue it, as only the less of two evils. It is a positive good:
the union of two human persons to supplement and complement the one the
other in a way which is necessary to the perfection or full development
of both. The wife is to her husband what the Church is to Christ.
Nothing higher than this can possibly be said.
History.
No one can read the Epistles of Paul, especially those to the Ephesians
and Colossians, without seeing clear indications of the prevalence,
even in the apostolic churches, of the principles of that philosophy
which held that matter was contaminating; and which inculcated
asceticism as the most efficacious means of the purification of the
soul. This doctrine had already been adopted and reduced to practice by
the Essenes among the Jews. Farther East, under a somewhat different
form, it had prevailed for ages before the Christian era, and still
maintains its ground. According to the Brahminical philosophy the
individuality of man depends on the body. Complete emancipation from
the body, therefore, secures the merging of the finite into the
infinite. The drop is lost in the ocean, and this is the highest and
ultimate destiny of man. It is not therefore to be wondered at, that
the early fathers came more or less under the influence of these
principles, or that asceticism gained so rapidly and maintained so long
its ascendancy in the Church. The depreciation of the divine
institution of marriage, and the exaltation of virginity into the first
place among Christian virtues, was the natural and necessary
consequence of this spirit. Ignatius called voluntary virgins "the
jewels of Christ." Justin Martyr desired celibacy to prevail to the
"greatest possible extent." Tatian regarded marriage as inconsistent
with spiritual worship. Origen "disabled himself in his youth" and
regarded marriage as a pollution. Hieracas made "virginity a condition
of salvation." Tertullian denounced second marriage as criminal, and
represented celibacy as the ideal of Christian life, not only for the
clergy, but also for the laity. Second marriage was early prohibited so
far as the clergy were concerned, and soon came in their case the
prohibition of marriage altogether. The Apostolical Constitutions
prohibited priests from contracting marriage after consecration. The
Council of Ancyra, A.D. 314, allowed deacons to marry, provided they
stipulated for the privilege before ordination. The Council of Elvira,
A.D. 305, forbade the continuance of the marriage relation (according
to the common interpretation of its canons) to bishops, presbyters, and
deacons on pain of deposition. [332] Jerome was fanatical in his
denunciation of marriage; and even Augustine was carried away by the
spirit of the age. In answer to the objection that if men acted on his
principles the world would be depopulated, he answered So much the
better, for in that case Christ would come the sooner. [333] Siricius,
Bishop of Rome A.D. 385, decided that marriage was inconsistent with
the clerical office; and was followed in this view by his successors.
Great opposition, however, was experienced in enforcing celibacy, and
it required all the energy of Gregory VII. to have the decisions of
councils carried into effect. Ultimately, however, the rule, so far as
the clergy are concerned, was acquiesced in, and received the
authoritative sanction of the Council of Trent. That Council decided,
[334] "Si quis dixerit, statum conjugalem anteponendum esse statui
virginitatis, vel coelibatus, et non esse melius, et beatius manere in
virginitate aut coelibatu, quam jungi matrimonio: anathema sit." On
this assumed higher virtue of celibacy, in the preceding canon it was
ordered: "Si quis dixerit, clericos in sacris ordinibus constitutos,
vel regulares, castitatem solemniter professos, posse matrimonium
contrahere, contractumque validum esse, non obstante lege
ecclesiastica, vel voto: et oppositum nil aliud esse, quam damnare
matrimonium; posseque omnes contrahere matrimonium, qui non sentiunt se
castitatis, etiam si eam voterint, habere donum; anathema sit; cum Deus
id recte petentibus non deneget, nec patiatur nos supra id, quod
possumus, tentari."
Although the doctrine that virginity, as the Roman Catechism expresses
it, "summopere commendatur," as being better, and more perfect and holy
than a state of marriage, is made the ostensible ground of the enforced
celibacy of the clergy, it is manifest that hierarchical reasons had
much to do in making the Romish Church so strenuous in insisting that
its clergy should be unmarried. This Gregory VII. avows when he says,
[335] "Non liberari potest ecclesia a servitute laicorum, nisi
liberentur clerici ab uxoribus." And Melancthon felt authorized to say
in reference to the celibacy of the clergy in the Church of Rome, "Una
est vera et sola causa tuendi coelibatus, ut opes commodius
administrentur et splendor ordinis retineatur." [336]
As the Reformation was a return to the Scriptures as the only
infallible rule of faith and practice; and as in the Scriptures
marriage is exalted as a holy state, and no preeminence in excellence
is assigned to celibacy or virginity; and as the Reformers denied the
authority of the Church to make laws to bind the conscience or to
curtail the liberty with which Christ had made his people free,
Protestants pronounced with one voice against the obligation of
monastic vows and of the celibacy of the clergy.
The Greek Church petrified at an early date. It assumed the form which
it still retains, before the doctrine of the special sanctity of
celibacy had gained ascendancy. It abides therefore by the decisions of
the Council of Chalcedon, A.D. 451, and of Trullo, A.D. 692, which
permitted marriage to priests and deacons. Those Greeks who are in
communion with the Church of Rome enjoy the same liberty. Benedict XIV.
declared in reference to them, "Etsi expetendum quam maxime esset, ut
Græci, qui sunt in sacris ordinibus constituti, castitatem non secus ac
Latini servarent. Nihilominus, ut eorum clerici, subdiaconi, diaconi et
presbyteri uxores in eorum ministerio retineant, dummodo ante sacros
ordines, virgines, non viduas, neque corruptas duxerint, Romana non
prohibet Ecclesia. Eos autem, qui viduam vel corruptam duxerunt, vel ad
secunda vota, prima uxore mortua, convolarunt, ad subdiaconatum,
diaconatum et presbyteratum promoveri omnino prohibemus." [337] In the
Russian Church the priests are required to be married men; but second
marriages are forthem prohibited. The bishops are chosen from the monks
and must be unmarried.
Marriage a Divine Institution.
Marriage is a divine institution. (1.) Because founded on the nature of
man as constituted by God. He made man male and female, and ordained
marriage as the indispensable condition of the continuance of the race.
(2.) Marriage was instituted before the existence of civil society, and
therefore cannot in its essential nature be a civil institution. As
Adam and Eve were man led not in virtue of any civil law, or by the
intervention of a civil magistrate, so any man and woman cast together
on a desert island, could lawfully take each other as husband and wife,
It is a degradation of the institution to make it a mere civil
contract. (3.) God commanded men to marry, when He commanded them to
increase, and multiply and replenish the earth. (4.) God in his word
has prescribed the duties belonging to the marriage relation; He has
made known his will as to the parties who may lawfully be united in
marriage; He has determined the continuance of the relation; and the
causes which alone justify its dissolution. These matters are not
subject to the will of the parties, or to the authority of the State.
(5.) The vow of mutual fidelity made by husband and wife, is not made
exclusively by each one to the other, but by each to God. When a man
connects himself with a Christian Church he enters into covenant with
his brethren in the Lord; mutual obligations are assumed; but
nevertheless the covenant is made with God. He joins the Church in
obedience to the will of God; he promises to regulate his faith and
practice by the divine word; and the vow of fidelity is made to God. It
is the same in marriage. It is a voluntary, mutual compact between
husband and wife. They promise to be faithful to each other; but
nevertheless they act in obedience to God, and promise to Him that they
will live together as man and wife, according to his word. Any
violation of the compact is, therefore, a violation of a vow made to
God.
Marriage is not a sacrament in the sense in which baptism and the
Lord's Supper are sacraments, nor in the sense of the Romish Church;
but it is none the less a sacred institution. Its solemnization is an
office of religion. It should, therefore, be entered upon with due
solemnity and in the fear of God; and should be celebrated, i.e., the
ceremony should be performed by a minister of Christ. He alone is
authorized to see to it that the law of God is adhered to; and he alone
can receive and register the marriage vows as made to God. The civil
magistrate can only witness it as a civil contract, and it is
consequently to ignore its religious character and sanction to have it
celebrated by a civil officer. As the essence of the marriage contract
is the mutual compact of the parties in the sight of God and in the
presence of witnesses, it is not absolutely necessary that it should be
celebrated by a minister of religion or even by a civil magistrate. It
may be lawfully solemnized, as among the Quakers, without the
intervention of either. Nevertheless as it is of the greatest
importance that the religious nature of the institution should be kept
in view, it is incumbent on Christians, so far as they themselves are
concerned, to insist that it should be solemnized as a religious
service.
Marriage as a Civil Institution.
As a man's being a servant of God and bound to make his word the rule
of his faith and practice, is not inconsistent with his being a servant
of the state, and bound to render obedience to its laws; so it is not
inconsistent with the fact that marriage is an ordinance of God, that
it should be, in another aspect, a civil institution. It is so
implicated in the social and civil relations of men that it of
necessity comes under the cognizance of the state. It is therefore a
civil institution. (1.) In so far as it is, and must be, recognized and
enforced by the state. (2.) It imposes civil obligations which the
state has the right to enforce. The husband is bound to sustain his
wife, for example, and he is constrained by the civil law to the
performance of this duty. (3.) Marriage also involves, on both sides,
rights to property; and the claims of children born in wedlock to the
property of their parents. All these questions concerning property fall
legitimately under the control of the civil law. In many countries not
only property, but rank, title, and political prerogatives are
implicated with the question of marriage. (4.) It belongs to the state,
therefore, as the guardian of these rights, to determine what marriages
are lawful and what unlawful; how the contract is to be solemnized and
authenticated; and what shall be its legal consequences. All these laws
Christians are bound to obey, so far as obedience to them is consistent
with a good conscience.
The legitimate power of the state in all these matters is limited by
the revealed will of God. It can make nothing an impediment to marriage
which the Scriptures do not declare to be a bar to that union. It can
make nothing a ground of dissolving the marriage contract which the
Bible does not make a valid ground of divorce. And the state can attach
none other than civil pains and penalty to the violation of its laws
concerning marriage. This is only saying that a Christian government is
bound to respect the conscientious convictions of the people. It is a
violation of the principles of civil and religious liberty for the
state to make its will paramount to the will of God. Plain as this
principle seems to be, it is nevertheless constantly disregarded in
almost all Christian nations, whether Catholic or Protestant. In
England, for example, it is still the law, that no member of the royal
family can marry without the consent of the reigning sovereign. If this
meant nothing more than that any member of the royal family thus
marrying, should forfeit for himself and his children all right of
succession to the crown, it might be all right. But the real meaning is
that such a marriage is null and void that parties otherwise lawfully
married and whom God has joined together as man and wife, are not man
and wife. This is to bring the law of man and the law of God into
direct collision, and make the human supersede the divine. In Prussia a
subordinate officer of the army cannot marry without the consent of his
commander. If he should marry without that consent, it might be right
to make him throw up his commission; but to say that his wife is not a
wife, is not only untrue, but it is a monstrous injustice and cruelty.
In England, until of late years, no marriage was valid unless
solemnized in church, within canonical hours, and by a man in priest's
orders. This law was designed specially for the protection of heiresses
from the wiles of fortune-hunters. It might be just to determine that
no marriage not thus solemnized should convey any right to property;
but to say that parties married five minutes after twelve o'clock,
noon, are not married at all, whereas had the ceremony been performed
ten minutes sooner, they would be truly man and wife, shocks the
conscience and common sense of men. So in this country before the
abolition of slavery, according to the laws of our Southern States, no
slave could marry. A young white man married a young woman, whom no one
in the community supposed had a drop of African blood in her veins. It
was proved, however, that she was a slave. Her husband purchased her,
manumitted her, repudiated her, married another woman, and was received
into the communion of a Presbyterian Church. The law of God was thus
regarded as a mere nullity. [338]
Because marriage is in some of its aspects a civil institution, to be
regulated within certain limits, by the civil law, men have treated it
as though it were a mere business engagement. They ignore its character
as a divine institution, regulated and controlled by divine laws. Civil
legislatures should remember that they can no more annul the laws of
God than the laws of nature. If they pronounce those not to be married
who, by the divine law, are married; or if they separate those whom God
hath joined together, their laws are absolute nullities at the bar of
conscience and in the sight of God.
Monogamy.
Marriage is a compact between one man and one woman to live together,
as man and wife, until separated by death. According to this
definition, first, the marriage relation can subsist only between one
man and one woman; secondly, the union is permanent, i.e., it can be
dissolved only by the death of one or both of the parties, except for
reasons specified in the word of God; and thirdly, the death of one of
the parties dissolves the union, so that it is lawful for the survivor
to marry again.
As to the first of these points, or that the Scriptural doctrine of
marriage is opposed to and condemns polygamy, it is to be remarked, -1. That such has been the doctrine of the Christian Church in all ages
and in every part of the world. There has never been a church calling
itself Christian which tolerated a plurality cf wives among its
members. There could hardly be a stronger proof than this fact that
such is the law of Christ. It is morally certain that the whole Church
cannot have mistaken, on such a subject as this, the mind and will of
its divine Head and Master.
2. Marriage as originally constituted and ordained by God was between
one man and one woman. And the language of Adam when he received Eve
from the hands of her Maker, proves that such was the essential nature
of the relation: "And Adam said, This is now bone of my bones, and
flesh of my flesh. . . . . Therefore shall a man leave his father and
his mother, and shall cleave unto his wife and they shall be one
flesh." (Gen. ii. 23, 24.) Or, as our Lord quotes and expounds the
passage, "They twain shall be one flesh: so then they are no more
twain, but one flesh." (Mark x. 8.) "The two," and no more than two,
become one. This was not only the language of unfallen Adam in
Paradise, but the language of God uttered through the lips of Adam, as
appears not only from the circumstances of the case, but also from our
Lord's attributing to them divine authority, as He evidently does in
the passage just quoted. Thus the law of marriage as originally
instituted by God, required that the union should be between one man
and one woman. This law could be changed only by the authority by which
it was originally enacted. Delitzsch remarks on this passage: [339] "In
these words not only the deepest spiritual union, but a union
comprehending the whole nature of man, an all comprehending personal
communion, is represented as the essence of marriage; and monogamy is
set forth as its natural and divinely appointed form."
3. Although this original law was partially disregarded in later times
it was never abrogated. Polygamy and divorce were in a measure
tolerated under the Mosaic law, yet in all ages among the Hebrews,
monogamy was the rule, and polygamy the exception, as it was among
other civilized nations of antiquity. Polygamy first appears among the
descendants of Cain. (Gen. iv. 19.) Noah and his sons had each but one
wife. Abraham had but one wife, until the impatience of Sarah for
children led him to take Hagar as a concubine. The same rule of
marriage was observed by the prophets as a class. Polygamy was confined
in a great measure to kings and princes. There was also an honourable
distinction made between the wife and the concubine. The former
retained her preeminence as the head of the family. Numerous passages
of the Old Testament go to prove that monogamy was considered as the
law of marriage, from which plurality of wives was a departure.
Throughout the Proverbs, for example, it is the blessing of a good
wife, not of wives, that is continually set forth. (Prov. xii. 4; xix.
14; xxxi. 10 ff.) The apocryphal books contain clear evidence that
after the exile monogamy was almost universal among the Jews; and it
may be inferred from such passages as Luke i. 5; Acts v. 1, and many
others, that the same was true at the time of the advent of Christ.
With regard to the toleration of polygamy under the Mosaic law, it is
to be remembered that the seventh commandment belongs to the same
category as the sixth and eighth. These laws are not founded on the
essential nature of God, and therefore are not immutable. They are
founded on the permanent relations of men in their present state of
existence. From this it follows, (1.) That they bind men only in their
present state. The laws of property and marriage can have no
application, so far as we know, to the future world, where men shall be
as angels, neither marrying nor giving in marriage. (2.) These laws
being founded on the permanent and natural relations of men, cannot be
set aside by human authority, because those relations are not subject
to the will or ordinance of men. (3.) They may however be dispensed
with by God. He commanded the Israelites to despoil the Egyptians and
to dispossess the Canaanites, but this does not prove that one nation
may, of its own motion, seize on the inheritance of another people. If
God, therefore, at any time said to any people granted permission to
practise polygamy, then so long as that permission lasted and for those
to whom it was given, polygamy was lawful, and at all other times and
for all other persons it was unlawful. This principle is clearly
recognized in what our Saviour teaches concerning divorce. It was
permitted the Jews under the Mosaic law to put away their wives; as
soon as that law was abolished, the right of divorce ceased.
4. Monogamy, however, does not rest exclusively on the original
institution of marriage, or upon the general drift of the Old Testament
teaching, but mainly on the clearly revealed will of Christ. His will
is the supreme law for all Christians, and rightfully for all men. When
the Pharisees came to Him and asked Him whether a man could lawfully
put away his wife, He answered, that marriage as instituted by God was
an indissoluble union between one man and one woman; and, therefore,
that those whom God had joined together no man could put asunder. This
is the doctrine clearly taught in Matthew xix. 4-9; Mark x. 4-9; Luke
xvi. 18; Matthew v. 32. In these passages our Lord expressly declares
that if a man marries while his first wife is living he commits
adultery. The exception which Christ himself makes to this rule, will
be considered under the head of divorce.
The Apostle teaches the same doctrine in Romans vii. 2, 3: "The woman
which hath an husband is bound by the law to her husband, so long as he
liveth; but if the husband be dead, she is loosed from the law of her
husband. So then, if while her husband liveth, she be married to
another man, she shall be called an adulteress: but if her husband be
dead, she is free from that law; so that she is no adulteress, though
she be married to another man." The doctrine of this passage is that
marriage is a compact between one man and one woman, which can be
dissolved only by the death of one of the parties. So in 1 Corinthians
vii. 2: "Let every man have his own wife, and let every woman have her
own husband," it is taken for granted that, in the Christian Church, a
plurality of wives is as much out of the question as a plurality of
husbands. This assumption runs through the whole New Testament. We not
only never read of a Christian's having two or more wives; but whenever
the duty of the marriage relation is spoken of, it is always of the
husband to his wife, and of the wife to her husband. In the judgment,
therefore, of the whole Christian Church, marriage is a covenant
between one man and one woman to live together as husband and wife
until separated by death.
5. This Scriptural law is confirmed by the providential law which
secures the numerical equality of the sexes. Had polygamy been
according to the divine purpose, we should naturally expect that more
women would be born than men. But the reverse is the fact. There are
more men than women born into the world. The excess, however, is only
sufficient to provide for the greater peril to life to which men are
exposed. The law of providence is the numerical equality of the sexes;
and this is a clear intimation of the will of God that every man should
have his own wife, and every woman her own husband. Such being the will
of God, as revealed both in his word and in his providence, everything
which tends to counteract it must be evil in its nature and
consequences. The doctrine which depreciated marriage, and made
celibacy a virtue, flooded the Church with corruption. And everything
in our modern civilization and modes of living which renders marriage
difficult, and consequently infrequent, is to be deprecated, and if
possible removed. That every man should have his own wife and every
woman her own husband, is the divinely appointed preventive of the
"Social Evil" with all its unutterable horrors. [340] Every other
preventive is human and worthless. Rather than that the present state
of things should continue, it would be better to return to the old
patriarchal usage, and let parents give their sons and daughters in
marriage as soon as they attained the proper age, on the best terms
they can.
6. As all the permanently obligatory laws of God are founded on the
nature of his creatures, it follows that if He has ordained that
marriage must be the union of one man and one woman, there must be a
reason for this in the very constitution of man and in the nature of
the marriage relation. That relation must be such that it cannot
subsist between one and many; between one man and more than one woman.
This is plain, first, from the nature of the love which it involves;
and secondly, from the nature of the union which it constitutes. First,
conjugal love is peculiar and exclusive. It can have but one object. As
the love of a mother for a child is peculiar, and can have no other
object than her own child, so the love of a husband can have no other
object than his wife, and the love of a wife no other object than her
husband. It is a love not only of complacency and delight, but also of
possession, of property, and of rightful ownership. This is the reason
why jealousy in man or woman is the fiercest of all human passions. It
involves a sense of injury; of the violation of the most sacred rights;
more sacred even than the rights of property or life. Conjugal love,
therefore, cannot by possibility exist except between one man and one
woman. Monogamy has its foundation in the very constitution of our
nature. Polygamy is unnatural, and necessarily destructive of the
normal, or divinely constituted relation between husband and wife.
Secondly, in another aspect, the union involved in marriage cannot
exist except between one man and one woman. It is not merely a union of
feeling and of interests. It is such a union as to produce, in some
sense, identity. The two become one. Such is the declaration of our
Lord. Husband and wife are one, in a sense which justified the Apostle
in saying as he does, in Ephesians v. 30, that the wife is bone of her
husband's bone, and flesh of his flesh. She is his body. She is himself
(v. 28). Such is this union that "Qui uxorem repudiat, quasi dimidiam
sui partem a seipso avellit. Hoc autem minime patitur natura, ut corpus
suum quisque discerpat." What all this means it may be hard for us to
understand. It is certain, -- (1.) That it does not refer to anything
material, or to any identification of substance. When Adam said of Eve,
"This is bone of my bones, and flesh of my flesh," he doubtless
referred to her being formed out of his body. But as these words are
used by the Apostle to express the relation of all wives to their
husbands, they must be understood of something else than identity of
substance. (2.) The oneness of man and wife, of which the Scriptures
speak cannot be understood in any sense inconsistent with their
distinct subsistence or personality. They may be very different in
character and destiny. The one may be saved, the other lost. (3.) It is
evident, however, that the meaning of the strong language of Scripture
on this subject is not exhausted, by representing the marriage union as
being merely one of affection; or by saying that the husband is the
complement of the wife and the wife of the husband; that is, that the
marriage relation is necessary to the completeness of our nature and to
its full development in the present state of existence; that there are
capacities, feelings, and virtues which are not otherwise or elsewhere
called into exercise. All this may be true, but it is not the whole
truth. (4.) There is, in a certain sense, a community of life between
husband and wife. We are accustomed to say, and to say truly, that the
life of parents is communicated to their children. Each nation and
every historical family has a form of life by which it is
distinguished. As, therefore, the life of a father and the life of his
son are the same, in that the blood (i.e., the life) of the parent
flows in the veins of his children; so in an analogous sense the life
of the husband and wife is one. They have a common life, and that
common or joint life is transmitted to their offspring. This is the
doctrine of the early Church. The Apostolical Constitutions say: [341]
he gune koinonos esti biou, enoumene eis hen soma ek duo para Theou.
The analogy which the Apostle traces out in Ephesians v. 22-33, between
the conjugal relation and the union between Christ and his Church,
brings out the Scriptural doctrine of marriage more clearly than
perhaps any other passage in the Bible. No analogy is expected to
answer in all respects, and no illustration borrowed from earthly
relations can bring out all the fulness of the things of God. The
relation, therefore, between a husband and his wife, is only an
adumbration of the relation of Christ to his Church. Still there is an
analogy between the two, (1.) As the Apostle teaches, the love of
Christ to his Church is peculiar and exclusive. It is such as He has
for no other class or body of rational creatures in the universe. So
the love of the husband for his wife is peculiar and exclusive. It is
such as he has for no other object; a love in which no one can
participate. (2.) Christ's love for his Church is self-sacrificing. He
gave himself for it. He purchased the Church with his blood. So the
husband should, and when true, does, in all things sacrifice himself
for his wife. (3.) Christ and his Church are one; one in the sense that
the Church is his body. So the husband and wife are in such a sense
one, that a man in loving his wife loves himself. (4.) Christ's life is
communicated to the Church. As the life of the head is communicated to
the members of the human body; and the life of the vine to the
branches, so there is, in a mysterious sense, a community of life
between Christ and his Church. In like manner, in a sense no less truly
mysterious, there is a community of life between husband and wife.
From all this it follows that as it would be utterly incongruous and
impossible that Christ should have two bodies, two brides, two
churches, so it is no less incongruous and impossible that a man should
have two wives. That is, the conjugal relation, as it is set forth in
Scripture, cannot by possibility subsist, except between one man and
one woman.
Conclusions.
1. If such be the true doctrine of marriage, it follows, as just
stated, that polygamy destroys its very nature. It is founded on a
wrong view of the nature of woman; places her in a false and degrading
position; dethrones and despoils her; and is productive of innumerable
evils.
2. It follows that the marriage relation is permanent and indissoluble.
A limb may be violently severed from the body, and lose all vital
connection with it; and husband and wife may be thus violently
separated, and their conjugal relation annulled; but in both cases the
normal connection is permanent.
3. It follows that the state can neither constitute nor dissolve the
marriage relation. It can no more free a husband or wife "a vinculo
matrimonii," than it can free a father "a vinculo paternitatis." It may
protect a child from the injustice or cruelty of its father, or even,
for due cause, remove him from all parental control, and it may
legislate about its property, but the natural bond between parents and
children is beyond its control. So the state may legislate about
marriage, and determine its accidents and legal consequences; it may
decide who, in the sight of the law, shall be regarded as husband and
wife, and when, or under what circumstances, the legal or civil rights
and privileges arising out of the relation shall cease to be enforced;
and it may protect the person and rights of the wife, and, if
necessary, remove her from the control of her husband, but the conjugal
bond it cannot dissolve. All decrees of divorce "a vinculo matrimonii,"
issued by civil or ecclesiastical authorities, so far as the conscience
is concerned, are perfectly inoperative, unless antecedently to such
decree and by the law of God, the conjugal relation has ceased to
exist.
4. It follows from the Scriptural doctrine of marriage that all laws
are evil which tend to make those two whom God pronounces to be one;
such laws, for example, as give to the wife the right to conduct
business, contract debts, and sue and be sued, in her own name. This is
attempting to correct one class of evils at the cost of incurring
others a hundred-fold greater. The Word of God is the only sure guide
of legislative action as well as of individual conduct.
5. It need hardly be remarked that it follows from the nature of
marriage, that next to murder, adultery is the greatest of all social
crimes, under the Old Dispensation it was punishable with death. And
even now it is practically impossible to convict a husband of murder
who kills the man who has committed adultery with his wife. This comes
from human laws being in conflict with the laws of nature and of God.
The law of God regards marriage as identifying a man and his wife; the
laws of the state too often regard it as merely a civil contract, and
give an injured husband no redress but a suit for damages for the
pecuniary loss he has sustained by being deprived of the services of
his wife. The penalty for adultery, to be in any due proportion to the
magnitude of the crime, should be severe and degrading.
6. The relative duties of husband and wife arising out of their
relation, may be expressed in a few comprehensive words. The husband is
to love, protect, and cherish his wife as himself, i.e., as being to
him another self. The duties of the wife are set forth in the
time-honoured Christian formula, "love, honour, and obey."
Converted Polygamists.
The question has been mooted, Whether a polygamist, when converted to
Christianity, should be required to repudiate all his wives but one, as
a condition of his admission into the Christian Church? The answer to
this question has been sought from three sources: First, the Scriptural
doctrine of marriage; secondly, the example of the Apostles when
dealing with such cases; and thirdly, from a consideration of the
effects which would follow from making monogamy an indispensable
condition of admission to the Church.
As to the first point, it is admitted by all Christians, that it ie the
law of God, the law of Christ, and consequently the law of the
Christian Church that polygamy is sinful, being a violation of the
original and permanently obligatory law of marriage. As every man who
enters the Church professes to be a Christian, and as every Christian
is bound to obey the law of Christ, it seems plain that no man should
be received into the communion of the Church who does not conform to
the law of Christ concerning marriage. The only question is, Whether
Christ has made a special exception in favour of those who in the times
of their ignorance, contracted the obligations of marriage with more
than one woman? It is of course possible that such an exception might
have been made. It would be analogous to the temporary suspension of
the original law of marriage in favour of the hardhearted Jews. Has
then such an exception been made? This is the second point to be
considered. It concerns a matter of fact. Those who assume that such an
exception has been made, are bound to produce the clearest evidence of
the fact. This is necessary not only to satisfy the consciences of the
parties concerned, but also to justify a departure from a plainly
revealed law of God. It would be a very serious matter to set up in a
heathen country, a church not conformed in this matter to the usual law
of Christendom. Missionaries are sent forth to teach not only Christian
doctrines but Christian morals. And the churches which they found,
profess to be witnesses for Christ as to what He would have men to
believe, and as to what He would have them to do. They ought not to be
allowed to bear false testimony. It is certain that there is no clear
and definite expression of the will of Christ, recorded in the New
Testament, that the case contemplated should be an exception to the
Scriptural law of marriage. There is no instance recorded in the New
Testament, of the admission of a polygamist to the Christian Church. It
has, indeed, been inferred from 1 Timothy iii. 2, where the Apostle
says, a bishop must be "the husband of one wife," that a private member
of the Church might have more wives than one. But this is in itself a
very precarious inference; and being inconsistent with Christ's express
prohibition, it is altogether inadmissible. The meaning of the passage
has been much disputed. What the Apostle requires is that a bishop
should be in all respects an exemplary man: not given to wine, no
striker, not greedy of filthy lucre; the husband of one wife, i.e., not
a polygamist. This no more implies that other men may be polygamists,
than his saying that a bishop must not be greedy of filthy lucre and
not a brawler, implies that other men may be covetous or contentious.
According to another and widely accepted interpreation of the passage
in 1 Timothy iii. 2, and the corresponding passage in Titus i. 6, the
injunction of the Apostle is that a man who has been married more than
once, must not be appointed a bishop or presbyter. If this be the true
meaning of the Apostle, his language affords still less ground for the
argument drawn from it in favour of the lawfulness of polygamy in
church members. If even second marriage was forbidden to presbyters, a
fortiori must polygamy be regarded as inconsistent with the law of
Christ.
This interpretation was very generally adopted in the early Church,
during the Middle Ages, and by Romanists, and is sustained by many of
the recent commentators. Bishop Ellicott decides in favour of this
interpretation. His reasons are, -- (1.) The opinion of the early
writers and of some councils. (2.) The special respect paid among
pagans to a woman who was "univira." (3.) The propriety, in the case of
episkopoi and diakonoi, of a greater temperance. (4.) And the
manifestation of a greater sanctity (semnotes) of a single marriage,
which he thinks is indicated even in Scripture (Luke ii. 36, 37). The
objections to it are, In the first place, that it rests on an
unscriptural view of marriage. According to the Bible, marriage is a
better, higher, and holier, because the normal state, than celibacy. It
was only in the interest of the doctrine of the peculiar sanctity of
celibacy, that this interpretation was adopted by the fathers.
In the second place, it rests on the no less unscriptural assumption of
the superior holiness of the clergy. No higher degree of moral purity
is required of them than of other men, for the simple reason that every
man is required to be perfectly holy in heart and life. The
interpretation in question gained the stronger hold of the Church as
the doctrine of "the grace of orders," and of the priesthood of the
clergy gained ascendancy. When the Reformation came and swept away
these two doctrines, it removed the two principal supports of the
interpretation in question. It is not to be admitted that there can be
anything unholy in second marriages, which an infinitely holy God
declares to be lawful (Rom. vii. 3), nor can it be conceded that the
clergy are holier than other believers, seeing that the only priesthood
in the Church on earth is the priesthood common to all believers.
In the third place, the interpretation which makes the Apostle
interdict second marriages to bishops and deacons, is contrary to the
natural meaning of the words. The parallel passage in Titus i. 5, 6,
reads thus: "That thou shouldest, . . . . . ordain elders in every
city, as I had appointed thee: if any be blameless, the husband of one
wife, etc;" ei' tis estin . . . mias gunaikos, aner, if any one is at
this present time the husband of one wife.' It is the present state and
character of the man that are to be taken into the account. He might
before have been unmarried, or even a polygamist, but when ordained, he
must, if married at all, be the husband of but one woman. "Qui sit: non
autem, Qui fuerit," says Calvin in his comment on 1 Timothy iii. 2. And
on Titus i. 6 he says, "Qui defuncta uxore alteram jam coelebs inducit,
nihilominus unius uxoris maritus censeri debet. Non enim eligendum
docet qui fuerit maritus unius uxoris, sed qui sit." Whichever of these
interpretations of 1 Timothy iii. 2, be adopted, whether we understand
the Apostle to forbid that a polygamist, or that a man twice married,
should be admitted to the ministry, in neither case does the passage
give authority to receive a polygamist into the fellowship of the
Church. Considering, then, that monogamy is the undoubted law of
Christ; considering that we have no evidence that He made an exception
in favour of heathen converts; and considering the great importance
that churches, founded in heathen lands, should bear true witness of
the doctrines and precepts of Christianity, it would seem clear that no
man having more than one wife should be admitted to Christian
fellowship.
The third aspect of this question concerns the effects of enforcing the
Christian law of marriage in heathen lands. It is urged that this would
result in great cruelty and injustice. For a man to cast off women whom
he had engaged to protect and cherish, to abandon not only them but
their children, it is said, cannot be reconciled with any right
principle. To this it may be replied, (1.) That in many heathen
countries it is not the husband who supports the wives, but the wives
who support the husband. They are his slaves, and sustain him by their
labour. There would be no great hardship in his setting them free. (2.)
But when this is not the case, it does not follow that because a man
ceases to regard several women as his wives, he should cease to provide
for them, and for the welfare of his children. This in any event, as a
Christian, he is bound to do.
It is also suggested, as a difficulty in this matter, that it is hard
to determine which of his several wives a converted polygamist should
retain. Some say, that it is the one first married; others say, that he
should be allowed to make his own selection. If marriage among the
heathen were what it is in Christian countries, there would be no room
for doubt on this subject. Then the first contract would be the only
binding one, and all the rest null and void. But in the Christian sense
of the word there has been no marriage in any case. There has been no
promise and vow of mutual fidelity. The relation of a heathen
polygamist to the women of his harem, is more analogous to concubinage
than to Christian marriage. The relation of a heathen polygamist to his
numerous wives, is so different from the conjugal relation as
contemplated in Scripture, as to render it at least doubtful whether
the husband s obligation is exclusively, or preeminently, to the woman
first chosen. This is a point of casuistry to which those who expect to
labour in heathen countries should direct their attention. The Romish
Church decides in favour of the first wife. The Roman Catechism [342]
says: "Atque ob eam rem fieri intelligimus, ut, si infidels quispiam,
gentis suæ more et consuetudine, plures uxores duxisset, cum ad veram
religionem conversus fuerit, jubeat eum Ecclesia ceteras omnes
relinquere, ac priorem tantum justæ et legitimæ uxoris loco habere."
Divorce.
The questions which call for, at least a brief consideration, under
this head are, (1.) What is divorce, and what are its legitimate
effects? (2.) What are the Scriptural grounds of divorce? (3.) What are
the Romish doctrine, and practice on this subject? (4.) What are the
doctrine and practice of Protestant Churches and countries? (5.) What
is the duty of the Church and of its officers in cases where the laws
of the state on this subject are in conflict with the law of God? Works
on civil and canon law, when treating of divorce, take a much wider
range than this, but the points above indicated seem to include those
of most interest and importance to the theologian.
Divorce; its Nature and Effects.
Divorce is not a mere separation, whether temporary or permanent, "a
mensa et thoro." It is not such a separation as leaves the parties in
the relation of husband and wife, and simply relieves them from the
obligation of their relative duties. Divorce annuls the "vinculum
matrimonii," so that the parties are no longer man and wife. They stand
henceforth to each other in the same relation as they were before
marriage. That this is the true idea of divorce is plain from the fact
that under the old dispensation if a man put away his wife, she was at
liberty to marry again. (Deut. xxiv. 1, 2.) This of course supposes
that the marriage relation to her former husband was effectually
dissolved. Our Lord teaches the same doctrine. The passages in the
Gospels, referring to this subject, are Matthew v. 31, 32; xix. 3-9;
Mark x. 2-12; and Luke xvi. 18. The simple meaning of these passages
seems to be, that marriage is a permanent compact, which cannot be
dissolved at the will of either of the parties. If, therefore, a man
arbitrarily puts away his wife and marries another, he commits
adultery. If he repudiates her on just grounds and marries another, he
commits no offence. Our Lord makes the guilt of marrying after
separation to depend on the ground of the separation. Saying, that if a
man puts away his wife for any cause save fornication, and marries
another, he commits adultery'; is saying that the offence is not
committed if the specified ground of divorce exists.' And this is
saying that divorce, when justifiable, dissolves the marriage tie.
Although this seems so plainly to be the doctrine of the Scriptures,
the opposite doctrine prevailed early in the Church, and soon gained
the ascendancy. Augustine himself taught in his work "De Conjugiis
Adulterinis," [343] and elsewhere, that neither of the parties after
divorce could contract a new marriage. In his "Retractions," however,
he expresses doubt on the subject. It passed, however, into the canon
law, and received the authoritative sanction of the Council of Trent,
which says, [344] "Si quis dixerit, ecclesiam errare, cum docuit et
docet, juxta evangelicam et apostolicam doctrinam, propter adulterium
alterius conjugum matrimonii vinculum non posse dissolvi; et utrumque,
vel etiam innocentem, qui causam adulterio non dedit, non posse, altero
conjuge vivente, aliud matrimonium contrahere; moecharique eum, qui,
dimissa adultera, aliam duxerit, et eam, quæ, dimisso adultero, alii
nupserit; anathema sit." This is the necessary consequence of the
doctrine, that the marriage relation can be dissolved only by death.
The indisposition of the mediæval and Romish Church to admit of
remarriages after divorce, is no doubt to be attributed in part to the
low idea of the marriage state prevailing in the Latin Church. It had
its ground, however, in the interpretation given to certain passages of
Scripture. In Mark x. 11, 12, and in Luke xvi. 18, our Lord says
without any qualification: "Whosoever putteth away his wife, and
marrieth another, committeth adultery; and whosoever marrieth her that
is put away from her husband, committeth adultery." This was taken as
the law on the subject, without regard to what is said in Matthew v.
31, 32, and xix. 3-9. As, however, there is no doubt of the genuineness
of the passages in Matthew, they cannot be overlooked. One expression
of the will of Christ is as authoritative and as satisfactory as a
thousand repetitions could make it. The exception stated in Matthew,
therefore, must stand. The reason for the omission in Mark and Luke may
be accounted for in different ways. It is said by some that the
exception was of necessity understood from its very nature, whether
mentioned or not. Or having been stated twice, its repetition was
unnecessary. Or what perhaps is most probable, as our Lord was speaking
to Pharisees, who held that a man might put away his wife when he
pleased, it was enough to say that such divorces as they were
accustomed to, did not dissolve the bonds of marriage, and that the
parties remained as much man and wife as they were before. Under the
Old Testament, divorce on the ground of adultery, was out of the
question, because adultery was punished by death. And, therefore, it
was only when Christ was laying down the law of his own kingdom, under
which the death penalty for adultery was to be abolished, that it was
necessary to make any reference to that crime.
It has been earnestly objected to the doctrine that adultery dissolves
the marriage bond, that both parties, the guilty as well the innocent
become free, and either may contract a new marriage. If this be so, it
is said, that all that a man, who wishes to get rid of his wife, has to
do, is to commit that offence. He will then be at liberty to marry whom
he chooses. To this it might be a sufficient answer to say that the
objection bears rather against the wisdom of the law, than against the
fact that it is the law; or in other words, the objection is against
the plain meaning of the words of Christ. But it is to be remembered,
that adultery is a crime in the sight of man as well as in the sight of
God, and as such it ought to be punished. Under the old dispensation it
was punished by death; under the new, it may be punished by
imprisonment, or by prohibition of any future marriage. Christ leaves
the punishment of this, as of other crimes, to be determined by his
disciples in their civil capacity. All He does is to teach what its
effects are, "in foro conscientiæ," as to the marriage bond.
Grounds of Divorce.
As already stated, marriage is an indissoluble compact between one man
and one woman. It cannot be dissolved by any voluntary act of
repudiation on the part of the contracting parties; nor by any act of
the Church or State. "Those whom God has joined together, no man can
put asunder." The compact may, however, be dissolved, although by no
legitimate act of man. It is dissolved by death. It is dissolved by
adultery; and as Protestants teach, by wilful desertion. In other
words, there are certain things which from their nature work a
dissolution of the marriage bond. All the legitimate authority the
state has in the premises is to take cognizance of the fact that the
marriage is dissolved; officially to announce it, and to make suitable
provision for the altered relation of the parties.
Under the preceding head it has already been shown that according to
the plain teaching of our Saviour the marriage bond is annulled by the
crime of adultery. The reason of this is, that the parties are no
longer one, in the mysterious sense in which the Bible declares a man
and his wife to be one. [345] The Apostle teaches on this subject the
same doctrine that Christ had taught. The seventh chapter of his First
Epistle to the Corinthians is devoted to the subject of marriage, in
reference to which several questions had been proposed to him.
He first lays down the general principle, founded on the Word of God
and the nature of man, that it is best that every man should have his
own wife and every wife her own husband; but in view of the "present
(or imminent) distress," he advises his readers not to marry. He writes
to the Corinthians as a man would write to an army about to enter on a
most unequal conflict in an enemy's country, and for a protracted
period. He tells them: This is no time for you to think of marriage.
You have a right to marry. And in general it is best that all men
should marry. But in your circumstances marriage can only lead to
embarrassment and increase of suffering.' This limitation of his advice
not to marry, to men in the circumstances of those to whom the advice
is given, is not only stated in so many words in verse 26, but it is
the only way in which Paul can be reconciled with himself or with the
general teaching of the Bible. It has already been remarked, that no
one of the sacred writers speaks in more exalted terms of marriage than
this Apostle. He represents it as a most ennobling spiritual union,
which raises a man out of himself and makes him live for another; a
union so elevated and refining as to render it a fit symbol of the
union between Christ and his Church. Marriage, according to this
Apostle, does for man in the sphere of nature, what union with Christ
does for him in the sphere of grace.
Having thus given it as a matter of advice that it was best, under
existing circumstances, for Christians not to marry, he proceeds to
give directions to those who were already married. Of these here were
two classes: first, those where both husband and wife were Christians;
and secondly, those where one of the parties was a believer and the
other an unbeliever, i.e., a Jew or a heathen. With regard to the
former he says, that as according to the law of Christ the marriage is
indissoluble, neither party had the right to repudiate the other. But
if, in violation of the law of Christ, a wife had deserted her husband,
she was bound either to remain unmarried, or to be reconciled to her
husband. The Apostle thus impliedly recognizes the principle that there
may be causes which justify a woman's leaving her husband, which do not
justify a dissolution of the marriage bond.
With regard to those cases in which one of the parties was a Christian
and the other an unbeliever, he teaches, first, that such marriages are
lawful, and, therefore, ought not to be dissolved. But, secondly, that
if the unbelieving partner depart, i.e., repudiates the marriage, the
believing partner is not bound; i.e., is no longer bound by the
marriage compact. This seems to be the plain meaning. If the
unbelieving partner is willing to continue in the marriage relation,
the believing party is bound; bound, that is, to be faithful to the
marriage compact. If the unbeliever is not willing to remain, the
believer in that case is not bound; i.e., bound by the marriage
compact. In other words, the marriage is thereby dissolved. This
passage is parallel to Romans vii. 2. The Apostle there says, a wife
"is bound by the law to her husband, so long as he liveth; but if the
husband be dead, she is loosed from the law of her husband." So here he
says, A wife is bound to her husband if he is willing to remain with
her; but if he deserts her, she is free from him.' That is, wilful
desertion annuls the marriage bond. This desertion, however, must be
deliberate and final. This is implied in the whole context. The case
contemplated is where the unbelieving husband refuses any longer to
regard his believing partner as his wife.
This interpretation of the passage is given not only by the older
Protestant interpreters, but also by the leading modern commentators,
as De Wette, Meyer, Alford, and Wordsworth, and in the Confessions of
the Lutheran and Reformed Churches. Even the Romanists take the same
view. They hold, indeed, that among Christians marriage is absolutely
indissoluble except by the death of one of the parties. But if one of
the partners be an unbeliever, then they hold that desertion annuls the
marriage contract. On this point Cornelius à Lapide, of Louvain and
Rome, says, "Nota, Apostolum permittere hoc casu non tantum thori
divortium sed etiam matrimonii; ita ut possit conjux fidelis aliud
matrimonium inire." Lapide refers to Augustine, Thomas Aquinas, and
Ambrose in support of this opinion. [346] The Canon Law, under the
title "Divortiis" teaches the same doctrine. Wordsworth's comment on
the passage is, "Although a Christian may not put away his wife, being
an unbeliever, yet if the wife desert her husband (chorizetai) he may
contract a second marriage."
The Romanists indeed rest their sanction to remarriage in the case
supposed, on the ground that there is an essential difference between
marriage where one or both the parties are heathen, and marriage where
both parties are Christians. This, however, makes no difference. Paul
had just said that such unequal marriages were lawful and valid.
Neither party could legitimately repudiate or leave the other. The
ground of divorce indicated is not difference of religion, but
desertion.
There is a middle ground taken by many, both ancients and moderns, in
the interpretation of this passage. They admit that desertion justifies
divorce, but not the remarriage of the party deserted. To this it may
be objected, -1. That this is inconsistent with the nature of divorce. We have
already seen that divorce among the Jews, as explained by Christ, and
as understood in the apostolic Church, was such a separation of man and
wife as dissolved the marriage bond. This idea was expressed in the use
of the words apoluein, aphienai, chorizein and these are the words here
used.
2. This interpretation is inconsistent with the context and with the
design of the Apostle. Among the questions submitted to his decision,
was this, Is it lawful for a Christian to remain in the marriage
relation with an unbeliever?' Paul answers, Yes; such marriages are
lawful and valid. Therefore if the unbeliever is willing to continue
the marriage relation, the believer remains bound; but if the
unbeliever refuses to continue the marriage, the believer is no longer
bound by it.' To say that the believer is no longer bound to give up
his or her religions which seems to be Neander's idea, or is not bound
to force himself or herself upon an unwilling partner, would be nothing
to the point. No Christian could think himself bound to give up his
religion, and no one could think it possible that married life could be
continued without the consent of the parties. The question, in this
sense, was not worth either asking or answering.
3. Desertion, from the nature of the offence, is a dissolution of the
marriage bond. Why does death dissolve a marriage? It is because it is
a final separation. So is desertion. Incompatibility of temper,
cruelty, disease, crime, insanity, etc., which human laws often make
grounds of divorce, are not inconsistent with the marriage relation. A
woman may have a disagreeable, a cruel, or a wicked husband, but a man
in his grave, or one who refuses to recognize her as his wife, cannot
be her husband.
It is said, indeed, that this doctrine makes marriage depend on the
option of the parties. Either may desert the other; and then the
marriage is dissolved. The same objection was made to our Lord's
doctrine that adultery destroys the marriage bond. It was maid that if
this be so, either party might dissolve the marriage, by committing
that crime. As the objections are the same, the answer is the same. As
adultery is a crime, so is desertion; and both should be punished. The
question is not what these crimes deserve, but what are their
legitimate effects, according to the Scriptures, on the marriage
relation.
That desertion is a legitimate ground of divorce, was therefore, as
before mentioned, the doctrine held by the Reformers, Luther, Calvin,
and Zwingle, and almost without exception by all the Protestant
churches. [347]
Doctrine of the Church of Rome.
Marriage is thus defined in the Roman Catechism: "Matrimonium est viri,
et mulieris maritalis conjunctio inter legitimas personas, individuam
vitæ consuetudinem retinens." The clause "inter legitimas personas," is
explained by saying, "Qui a nuptiarum conjunctione legibus omnino
exclusi sunt, ii matrimonium inire non possunt; neque, si ineant, ratum
est, exempli enim gratia: qui intra quartum gradum propinquitate
conjuncti sunt, puerque ante decimum quartum annum, aut puella ante
duodecimum, quæ ætas legibus constituta est, ad matrimonii justa
foedera ineunda apti esse non possunt." The clause, "Individuam vitæ
consuetudinem retinens," it is said, "indissolubilis vinculi naturam
declarat quo vir, et uxor colligantur." [348]
Marriage is to be contemplated under two aspects. It is an institution
founded in nature, and therefore exists wherever men exist. It is a
lawful institution among the heathen as well as among Christians. But
as it is an ordinance of God it has a character among those who know
the true God and thus regard it, far higher than it has for those who
are the worshippers of false gods. And, therefore, marriage, under the
old dispensation, had a much higher character than it had among the
heathen. Nevertheless, among Christians marriage is something far more
sacred than it was under the Mosaic economy. Christ had raised it te
the dignity of a sacrament. [349]
Marriage a Sacrament.
The word sacrament is one of vague and various meaning. Sometimes it
means that which is sacred or consecrated; sometimes that which has, or
is intended to have a sacred meaning; i.e., an external sign of some
religious truth or grace; sometimes a divinely appointed external rite
instituted to be a means of grace; and sometimes a divinely appointed
external sign that contains and conveys the grace which it signifies.
It is in this last sense that the word is used by Romanists; and it is
in this sense they teach that marriage is a sacrament. The principal
Scriptural authority for this doctrine they find in Ephesians v. 32,
where, as they understand the passage, the words to musterion touto
mega estin, rendered in the Vulgate, "Sacramentum hoc magnum est," are
spoken of marriage. According to this version and interpretation, the
Apostle does indeed directly assert that marriage is a mystery. But
(1.) The words do not refer to marriage, but to the mystical union
between Christ and his people as appears from the Apostle's own
explanation in the following clause: "I speak concerning Christ and the
Church." The two subjects, the union of husband and wife and the union
between Christ and his people, had been so combined and interwoven in
the preceding verses, that it would have been difficult to determine to
which the words, "This is a great mystery," were intended to refer, had
not the Apostle himself told us. But (2.) Even if the Apostle does say
that the marriage union is a great mystery, which in one sense it
clearly is, that would not prove that it is a sacrament. The word
"mystery," as used in the Bible, means something hidden or unknown;
something which can be known only by divine revelation. Thus the Gospel
itself is repeatedly said to be a mystery (Eph. iii. 3-9); the future
conversion of the Jews is said to be a mystery (Rom. xi. 25); the
incarnation is said to be the great mystery of godliness (1 Tim. iii.
16); and anything obscure or enigmatical is called a mystery (Rev.
xvii. 6); thus the mystery of the seven candlesticks is their secret
meaning. If, therefore, Paul says that marriage is a great mystery in
the sense that no one can fully understand what is meant when God says
that husband and wife are one, or even in the sense that marriage has a
sacred import, that it is a symbol of a great religious truth, this is
what all Protestants admit and what is clearly taught in Scripture.
Paul had himself just set forth marriage as the great analogue of the
mystical union of Christ and the Church. (3.) Admitting still further
that marriage was properly called "sacramentum," that would prove
nothing to the purpose. That Latin word had not the sense attached to
it by Romanists until long after the apostolic age. It has not that
sense even in the Vulgate. In 1 Timothy iii. 16, the manifestation of
God in the flesh is declared to be the "great mystery of godliness,"
which the Vulgate translates "magnum pietatis sacramentum;" but
Romanists do not hold that the incarnation is a sacrament in the
ecclesiastical sense of that term. The Latin Church, however, having
gradually come to attach to the word the idea of a divinely appointed
rite or ceremony, which signifies, contains, and conveys grace, and
finding, as the words were understood, marriage declared in Ephesians
v. 32 to be a "sacramentum," it came to teach that it was a sacrament
in the same sense as baptism and the Lord's Supper.
Romanists then teach that marriage is a sacrament not merely because it
is the sign or symbol of the union of Christ and his Church. The Roman
Catechism says, [350] (1). That no one should doubt "quod scilicet
viri, et mulieris conjunctio, cujus Deus auctor est, sanctissimi illius
vinculi, quo Christus dominus cum Ecclesia conjungitur, sacramentum, id
est, sacrum signum sit." If this were all, no Protestant could object.
(2). But Romanists teach that marriage is a sacrament because it not
only signifies but also confers grace. The ceremony, including the
consent of the parties, the benediction, and the intention of the
priest, renders the bride and groom holy. It sanctifies them. "Ex opere
operato," it transforms mere natural human love into that holy
spiritual affection which renders their union a fit emblem of the union
of Christ and the Church. On this point the Council of Trent says:
[351] "Gratiam, vero, quæ naturalem illum amorem perficeret, et
indissolubilem unitatem confirmaret, conjugesque sanctificaret, ipse
Christus, venerabilium sacramentorum institutor, atque perfector, sua
nobis passione promeruit." It would be a great blessing if this were
so. Facts, however, prove that the sacramental efficacy of matrimony no
more so sanctifies husbands and wives as to make their mutual love like
the holy love of Christ for his Church, than baptism confers (to those
not opposing an obstacle) all the benefits, subjective and objective,
of the redemption of Christ. If the sacramentarian theory were true,
all Christians would be perfect and Christendom would be paradisaical.
Marriage between Christians, according to Romanists, is indissoluble.
Neither adultery nor desertion justifies divorce. Death alone can sever
the bond. It is not to be inferred from this, however, that marriage is
a more sacred institution among Romanists than among Protestants. Any
departure from Scriptural rules is sure to work evil. The denial that
adultery destroys the marriage bond, leads naturally, and in fact has
led, not only to render that crime more frequent, but also to
unscriptural devices to remedy the injustice of forcing a husband or
wife to maintain the conjugal relation with a guilty partner. One of
these devices is the multiplication of the causes of separation "a
mensa et thoro"; and another still more unscriptural, is the
multiplying the reasons which render marriage null and void "ab
initio." No less than sixteen causes which render marriages null are
enumerated by Romish theologians. [352]
The causes which justify separation without divorce, are vows,
adultery, apostasy, and crimes. Under the last head they include
cruelty and prodigality. If the parties had not been baptized, divorce
"a vinculo" was allowed when one of the partners became a Romanist and
the other refused to, and also for any serious crime. The whole matter
is in the hands of the Church, which claims the right of making and
unmaking impediments to marriage at pleasure. "Si quis dixerit
Ecclesiam non potuisse constituere impedimenta, matrimonium dirimentia,
vel in iis constituendis errasse; anathema sit." [353] At one period
the Church of Rome made consanguinity within the seventh degree an
impediment to marriage; at present it forbids marriage within the
fourth degree inclusive. "The old Catholic theory of marriage," says
President Woolsey, "was practically a failure in all its parts, in its
ascetic frown on marriage, in its demand from the clergy of an
abstinence not required from the Christian laity, in teaching that
nothing but death could release the married pair from their
obligations. When it sought for impracticable virtue, and forbade to
some what God had allowed to all, it opened a fountain of vice with the
smallest incitement to virtue." [354]
Laws of Protestant Countries concerning Divorce.
It has already been shown that Protestants, making the Scriptures their
guide, taught that the dissolution of the bond of marriage was
allowable only for the two offences of adultery and wilful desertion.
So far as the churches and their confessions are concerned, this is
still the doctrine of almost all Protestant denominations. When,
however, marriage came to be regarded as essentially a civil contract,
it gradually fell under the jurisdiction of the state, and laws were
passed varying in different countries, as legislators were influenced
by mere views of justice or expediency. The legislation of all European
nations was greatly influenced by the old Roman law; and, therefore,
when marriage was removed from the exclusive jurisdiction of the
Church, the laws concerning it were more or less adopted from the
ancient code. The Roman laws concerning divorce were very lax. Mutual
consent was, even after the Roman emperors became Christian, regarded
as a sufficient reason for dissolving the bond of marriage. When the
Church gained the ascendancy over the State, and the pope became the
virtual legislator of Christendom, divorce for any reason was
forbidden; and when and where the pope in his turn was dethroned, there
was a general tendency to return to the laxity of the Roman
legislation.
England.
England was an exception to this rule. It discarded less of popish
usages than any other Protestant nation. For a long time after the
Reformation no special law concerning divorce was passed. The
ecclesiastical courts could decree separation "a mensa et thoro," but a
full divorce "a vinculo" could be obtained only by a special act of
Parliament. Under the reign of the present sovereign all such questions
were removed from the ecclesiastical courts and remitted to a civil
tribunal. That tribunal is authorized to grant judicial separation "a
mensa et thoro" on the ground of adultery, or cruelty, or desertion
without just cause for two years and upward; and dissolution of
marriage on account of simple adultery on the part of the wife, or
aggravated adultery on the part of the husband. Such divorce gives both
parties liberty to contract a new marriage. "On the whole, with serious
defects," says President Woolsey, "it seems to us to be an excellent
law. It does honour to the Christian country where it is in force, and
it is certainly a great improvement on the former mode of regulating
divorce in England." [355] It may be a good law in comparison with the
lawlessness that preceded it, and in comparison with the lax
legislation of other Protestant nations, but it is not good so far as
it is not conformed to the Scriptures. The New Testament makes no such
distinction as is made in this law, between adultery on the part of the
wife and the same offence on the part of the husband. And it is not
good in not allowing wilful desertion to be a legitimate ground of
divorce, if, as Protestants almost universally believe, the Bible
teaches the contrary.
France.
In France the laws of the Romish Church were in force until the
Revolution. That event threw everything into confusion, and the
sanctity of marriage was in a great degree disregarded. Under the
empire of the first Napoleon, the civil code allowed divorce, (1.) for
simple adultery on the part of the wife; (2.) for aggravated adultery
on the part of the husband; (3.) for outrages and cruelty; (4.) for the
condemnation of either party to an infamous punishment; and (5.) for
mutual persistent consent. The restoration of the Bourbons put an end
to these laws and led to the entire prohibition of divorce.
Germany.
Among the Protestants of Germany, the views of the Reformers, as a
general thing, controlled the action of the several states on this
subject until about the middle of the eighteenth century, when the laws
of marriage were greatly relaxed. Göschen attributes this change in a
great measure to the influence of Thomasius ( 1728), who regarded
marriage as merely a civil institution designed for the purposes of the
state, and which, therefore, might be set aside whenever it failed to
answer the desired end. [356] The present law of Prussia, although an
improvement on the previous legislation, is far below the Scriptural
standard. Besides adultery and wilful desertion, it makes many other
offences grounds of divorce, for example, plots endangering the life or
health of the other party; gross injuries; dangerous incompatibility of
temper; crimes entailing an infamous punishment; habitual drunkenness
and extravagance; and deliberate mutual consent, if there be no
children fruit of the marriage to be dissolved.
The United States.
The laws of the several states of this Union on the subject of divorce
vary from the extreme of strictness to the extreme of laxness. In South
Carolina no divorce has ever been given. The effect of refusing to
regard adultery as a dissolution of the marriage bond is, as proved by
the experience of Catholic countries, to lead the people to regard that
crime as a pardonable offence. It was indictable. In New York adultery
is the only ground of divorce; but separation from bed and board is
granted for cruelty, desertion, and refusal on the part of the husband
to make provision for the support of the wife. In several of the other
states, besides adultery and desertion, many other grounds are made
sufficient to justify divorce; of these grounds the following are the
principal: imprisonment, neglect to provide for the maintenance of the
wife, habitual drunkenness, and cruelty. In some states the whole
matter is left to the discretion of the courts. In the laws of Maine it
is said that divorce "a vinculo" may be granted by any justice of the
Supreme Court, "when in the exercise of a sound discretion, he deems it
reasonable and proper, conducive to domestic harmony, and consistent
with the peace and morality of society." The law of Indiana says
divorce may be granted for any cause for which the court deems it
proper. [357] In Rhode Island to the enumeration of specific causes is
added, "and for any other gross misbehaviour and wickedness in either
of the parties, repugnant to and in violation of the marriage
covenant." In Connecticut the statute passed in 1849 allows divorce for
"any such misconduct as permanently destroys the happiness of the
petitioner and defeats the purpose of the conjugal relation." [358]
Duty of the Church and of its Officers.
There are certain principles bearing on this subject which will be
generally conceded, (1.) Every legislative body is bound to conform its
enactments to the moral law. This may be assumed as a self-evident
proposition. (2.) Every Christian legislature is bound to conform its
action to the laws of Christianity. By a Christian legislature is meant
one which makes laws for a Christian people. It is not necessary that
it should represent them as Christians, to be their agents in teaching,
propagating, or enforcing the principles of the Christian religion. It
is enough to constitute it a Christian legislature that the great body
of its constituents who are bound to obey its laws are Christians. No
one hesitates to say that Italy, Spain, and France are Catholic
countries; or that England, Sweden, and Prussia are Protestant. As all
the powers of legislatures are derived from the people, it is
irrational to suppose that the people would delegate to their
representatives authority to violate their religion. No legislature of
a Christian state, therefore, can have the right to make laws
inconsistent with the Christian religion. This principle, so reasonable
and obvious, is conceded in the abstract. No state in this Union would
dare to legalize adultery or bigamy. Before the Reformation all
questions concerning marriage were under the jurisdiction of the
Church; after that event they were, in Protestant countries, referred
to the authorities of the state. "It never, however," says Stahl,
"entered the minds of the Reformers, to assert that marriage was purely
a civil institution, to be determined by civil, and not religious laws,
or that the testimony of the Church as to the divine laws of marriage
was not a binding rule for the legislation of the state." [359] And in
still more general terms he declares that "What the Church as such [the
body of Christians] testifies to be an unchangeable divine law, jus
divinum,' and upholds within its sphere, is the impassable rule and
limit for the legislation of a Christian state." [360]
3. No act of any human legislature contrary to the moral law can bind
any man, and no such act contrary to the law of Christ can bind any
Christian. If, therefore, a human tribunal annuls a marriage for any
reason other than those assigned in the Bible, the marriage is not
thereby dissolved. In the judgment of Christians it remains in full
force; and they are bound so to regard it. And on the other hand, if
the state pronounces a marriage valid, which the Bible declares to be
invalid, in the view of Christians it is invalid. There is no help for
this. Christians cannot give up their convictions; nor can they
renounce their allegiance to Christ. This state of conflict between the
laws and the conscience of the people, is the necessary consequence, if
a body making laws for a Christian people disregards an authority which
the people recognize as divine.
4. The laws of many of the states of this Union, on the matter of
divorce, are unscriptural and immoral. If the former, they are the
latter in the view of all who believe in the divine authority of the
Bible. If the Scriptures be the only infallible rule of faith and
practice, they contain the only standard of right and wrong. The moral
law is not something self-imposed. It is not what any man or body of
men may think right or expedient. It is the revealed will of God as to
human conduct; and whatever is contrary to that will is morally wrong.
If this be so, then there can be no doubt that the divorce laws of many
of our states are immoral. They contravene the law of God. They annul
marriages for other reasons than those allowed in Scripture, and even,
in some cases, at the discretion of the courts. They pronounce persons
not to be man and wife, who by the law of God are man and wife. They
pronounce those to be legally married, whose union Christ declares to
be adulterous. That is, they legalize adultery. This is a conclusion
which cannot be avoided, except by denying either the authority of the
Bible, or that it legislates on the subject of marriage. If marriage
were a mere civil compact, with regard to which the Scriptures gave no
special directions, it might be regulated by the state according to its
news of wisdom or expediency. But if it be an ordinance of God; if He
has revealed his will as to who may, and who may not intermarry, and
who, when married, may or may not be released from the marriage bond,
then the state has no more right to alter these laws than it has to
alter the decalogue, and to legalize idolatry or blasphemy. There is no
use in covering this matter over. It is wrong to regard anti-Christian
laws as matters of small importance.
The action of the state in this matter is not merely negative. It does
not simply overlook or refuse to punish the violation of the Scriptural
law of divorce, but it intervenes by its positive action, and declares
that certain parties are not man and wife, between whom, according to
the law of God, the bond of marriage still subsists. It condemns
bigamy, but it sanctions what the Bible pronounces bigamy. The law of
the state and the law of God, in this regard, are so opposed to each
other, that he who obeys the one violates the other.
5. As the Church and its officers are under the highest obligations to
obey the law of Christ, it follows that where the action of the state
conflicts with that law, such action must be disregarded. If a person
be divorced on other than Scriptural grounds and marries again, such
person cannot consistently be received to the fellowship of the Church.
If a minister be called upon to solemnize the marriage of a person
improperly divorced, he cannot, in consistency with his allegiance to
Christ, perform the service. This conflict between the civil and divine
law is a great evil, and has often, especially in Prussia, given rise
to great difficulty.
As all denominations of Christians, Romanists and Protestants, are of
one mind on this subject, it is matter of astonishment that these
objectionable divorce laws are allowed to stand on the statute-books of
so many of our states. This fact proves either that public attention
has not to a sufficient degree been called to the subject, or that the
public conscience is lamentably blinded or seared. The remedy is with
the Church, which is the witness of God on earth, bound to testify to
his truth and to uphold his law. If Christians, in their individual
capacity and in their Church courts, would unite in their efforts to
arouse and guide public sentiment on this subject, there is little
doubt that these objectionable laws would be repealed.
The Social Evil.
This is not a subject to be discussed in these pages; a few remarks,
however, in reference to it may not be out of place.
1. It is obviously Utopian to expect that all violations of the seventh
commandment can be prevented, any more than that the laws against theft
or falsehood should never be disregarded.
2. The history of the world shows that the instinct which leads to the
evil in question can never be kept within proper limits, except by
moral principle, or by marriage.
3. To these two means of correction, therefore, the efforts of the
friends of virtue should be principally directed. There can be no
efficient moral culture without religious training. If we would reform
our fellow-men, we must bring and keep them from the beginning to the
end of their lives under the influence of the truth and ordinances of
God; to accomplish this work is the duty assigned to the Church.
Besides this general moral culture, there is needed special effort to
produce a proper public sentiment with regard to this special evil. So
long as the seventh commandment can be violated without any serious
loss of self-respect or of public confidence, one of the strongest
barriers against vice is broken down. If loss of character as certainly
followed a breach of the seventh commandment, as it follows theft or
perjury, the evil would be to a good degree abated. This is already the
fact with regard to certain classes. It is so with regard to women; and
it is so in the case of the clergy. If a minister of the gospel be
guilty of this offence, he is as certainly and effectually ruined as he
would be by the commission of any other crime short of murder. The same
moral law, however, binds all men. Theft in the case of one man is, in
its essential character, just what it is in the case of any other man.
4. The divinely appointed preventive of the social evil is laid down in
1 Corinthians vii. 2: "Let every man have his own wife, and let every
woman have her own husband." That there are serious difficulties, in
the present state of society, in the way of frequent and early
marriages, cannot be denied. The principal of these is no doubt the
expensive style of living generally adopted. Young people find it
impossible to commence life with the conveniences and luxuries to which
they have been accustomed in their fathers houses, and therefore
marriage is neglected or postponed. With regard to the poorer classes,
provision might be made to endow young women of good character, so as
to enable them to begin their married life in comfort. Arrangements may
also be made in various ways to lessen the expense of family living.
The end to be accomplished is to facilitate marriage. Those who are so
happy as to find in a dictum of Scripture the ultimate reason and the
highest motive, may see the end to be attained, although, as in the
present case, they are obliged to leave the means of its accomplishment
to experts in social science.
Prohibited Marriages.
That certain marriages are prohibited is almost the universal judgment
of mankind. Among the ancient Persians and Egyptians, indeed, the
nearest relations were allowed to intermarry and in the corrupt period
of the Roman Empire, equal laxness more or less prevailed. These
isolated facts do not invalidate the argument from the general judgment
of mankind. What all men think to be wrong, must be wrong. This
unanimity cannot be accounted for, except by assuming that the judgment
in which men thus agree is founded on the constitution of their nature,
and that constitution is the work of God. There are cases, therefore,
in which the "vox populi" is the "vox Dei."
The Ground or Reason of such Prohibitions.
The reason why mankind so generally condemn the intermarriage of near
relations cannot be physical. Physiology is not taught by instinct. It
is, therefore, not only an unworthy, but is an altogether
unsatisfactory assumption, that such marriages are forbidden because
they tend to the deterioration of the race. The fact assumed may, or
may not be true; but if admitted, it is utterly insufficient to account
for the condemnatory judgment in question.
The two most natural and obvious reasons why the intermarriage of near
relations is forbidden are, first, that the natural affection which
relatives have for each other is incompatible with conjugal love. They
cannot coexist. The latter is a violation and destruction of the
former. This reason need only be stated. It requires no illustration.
These natural affections are not only healthful, but in the higher
grades of relationship, even sacred. The second ground for such
prohibitions is a regard to domestic purity. When persons are so nearly
related to each other as to justify their living together as one
family, they should be sacred one to the other. If this were not the
case, evil could hardly fail to occur, when young people grow up in the
familiarity of domestic life. The slightest inspection of the details
of the law as laid down in the eighteenth chapter of Leviticus, shows
that his principle underlies many of its specifications.
J. D. Michaelis, in his work on the law of Moses, makes this the only
reason for the Levitical prohibitions. He goes to the extreme of
denying that "nearness of kin" is in itself any bar to marriage. His
views had great influence, not only on public opinion, but even on
legislation in Germany. That influence, however, passed away when a
deeper moral and religious feeling gained ascendancy. [361]
Augustine's Theory.
Augustine advanced a theory on this subject, which still has its
earnest advocates. He held that the design of all these prohibitory
laws was to widen the circle of the social affections. Brothers and
sisters are bound together by mutual love. Should they intermarry the
circle is not extended. If they choose husbands and wives from among
strangers, a larger number of persons are included in the bonds of
mutual love. "Habita est ratio rectissima charitatis, ut homines quibus
esset utilis atque honesta concordia, diversarum necessitudinum
vinculis necterentur; nec unus in uno multas haberet, sed singulæ
spargerentur in singulos; ac sic ad socialem vitam diligentius
colligandam plurimæ plurimos obtinerent." Thus it would come to pass,
"Ut unus homo haberet alteram sororem, alteram uxorem, alteram
consobrinam, alterum patrem, alterum avunculum, alterum socerum,
alteram matrem, alteram amitam, alteram socrum: atque ita se non in
paucitate coarctatum, sed latius atque numerosius propinquitatibus
crebris vinculum sociale diffunderet." [362]
A writer in Hengstenberg's "Evangelische Kirchen-Zeitung," adopts and
elaborately vindicates this theory. He endeavours to show that it
answers all the criteria by which any theory on the subject should be
tested. These marriages are called "abominations;" and he asks, Is it
not shameful that the benevolent ordinance of God for extending the
circle of the social affections should be counteracted? They are called
"confusion," because they unite those whom God commands to remain
separate. It also accounts for the propriety of the intermarriage of
brothers and sisters in the family of Adam; for in the beginning the
circle of affection did not admit of being enlarged. It even meets the
case if the Levirate law which bound a man to marry the childless widow
of his brother. The law which forbids the marriage of relations, holds
only where the relationship is close. There must, therefore, be cases
just on the line beyond which relationship is no bar to marriage. And
with regard to those just within the line, there must be considerations
which sometimes outweigh the objections to a given marriage. That God
dispensed with the law forbidding the marriage of a man with his
brother's widow, when the brother died without children, this German
writer regards as impossible. "Evil," he says, "may be tolerated, but
not commanded." He adds that it provokes a smile (man muss es naiv
nennen) that Gerhard finds an analogy between the case in question and
the permission given to the Israelites to despoil the Egyptians. [363]
It is probable that the venerable Gerhard would smile at the writer's
criticisms. In the first place, God can no more allow evil than He can
command it. An act otherwise evil, ceases to be so when He either
allows (i.e., sanctions) it, or commands it. If He commands a man to be
put to deaths it ceases to be murder to put him to death. There are two
principles of morality generally accepted and clearly Scriptural; one
of which is, that any of those moral laws which are founded, not on the
immutable nature of God, but upon the relations of men in the present
state of existence, may be set aside by the divine law-giver whenever
it seems good in his sight; just as God under the old dispensation set
aside the original monogamic law of marriage. Polygamy was not sinful
as long as God permitted it. The same principle is involved in the
words of Christ, God loves mercy and not sacrifice. When two laws
conflict, the weaker yields to the stronger. It is wrong to labour on
the Sabbath, but any amount of labour on that day becomes a duty, if
necessary to save life. In the case of the Levirate law, the
prohibition to marry a brother's widow, yielded to what under the
Mosaic economy was regarded as a higher obligation, that is, to
perpetuate the family. To die childless was considered one of the
greatest calamities.
The question, however, concerning the rationale of these laws is one of
minor importance. We may not be able to see exactly in all cases why
certain things are forbidden. The fact that they are forbidden should
satisfy the reason and the conscience. The two important questions in
connection with this subject, to be considered, are, first, is the
Levitical law respecting prohibited marriages still in force? and,
second, how is that law to be interpreted, and what marriages does it
forbid?
Is the Levitical Law of Marriage still in force?
1. It is a strong à priori argument in favour of an affirmative answer
to that question, that it always has been regarded as obligatory by the
whole Christian Church.
2. The reason assigned for the prohibition contained in that law, has
no special reference to the Jews. It is not found is their peculiar
circumstances, nor in the design of God in selecting them to be
depositaries of his truth to prepare the world for the coming of the
Messiah. The reason assigned "is nearness of kin." This reason has as
much force at one time as at another, for all nations as for any one
nation. There was nothing peculiar in the relation in which Hebrew
parents and children, Hebrew brothers and sisters, and Hebrew uncles
and nieces, stood, which was the ground of these prohibitions. That
ground was the nearness of the relationship itself as it exists in
every and in all ages. There is, therefore, in the sight of God, a
permanent reason why near relations ought not to intermarry.
3. If the Levitical law be not still in force, we have no divine law on
the subject. Then there is no such sin as incest. It is an offence only
against the civil law, and a sin against God only in so far as it is
sinful to violate the law of the state. But this is contrary to the
universal judgment of men, at least of Christian men. For parents and
children, brothers and sisters, to intermarry is universally considered
as sin against God, irrespective of any human prohibition. But if a sin
against God, it must be forbidden in his Word, or we must give up the
fundamental principle of Protestantism, that the Scriptures are the
only infallible rule of our faith and practice. As such marriages are
nowhere in the Bible forbidden except in the Levitical law, if that law
does not forbid them, the Bible does not forbid them.
4. The judgments of God are denounced against the heathen nations for
permitting the marriages which the Levitical law forbids. In Leviticus
xviii. 8, it is said, "After the doings of the land of Egypt, wherein
ye dwelt shall ye not do: and after the doings of the land of Canaan,
whither I bring you, shall ye not do; neither shall ye walk in their
ordinances." This is the introduction to the law of prohibited
marriages, containing the specification of the "ordinances" of the
Egyptians and Canaanites, which the people of God were forbidden to
follow. And in the twenty-seventh verse of the same chapter, at the
close of these specifications, it is said, "All these abominations have
the men of the land done, which were before you, and the land is
deified." Again, in ch. xx. 23, still in reference to these marriages,
it is said, "Ye shall not walk in the manners of the nations which I
cast out before you: for they committed all these things, and therefore
I abhorred them." This is a clear proof that these laws were binding,
not on the Jews alone, but upon all people and at all times.
5. The continued obligation of the Levitical law on this subject is
also recognized in the New Testament. This recognition as involved in
the constant reference to the law of Moses as the law of God. If in any
of its parts or specifications it is no longer obligatory, that is to
be proved. It contains much which we learn from the New Testament was
designed simply to keep the Hebrews a distinct people; much which was
typical; much which was a shadow of things to come, and which passed
away when the substance was revealed. It contained, however, much which
was moral and of permanent obligation. If God gives a law to men, those
who deny its perpetual obligation are bound to prove it. The
presumption is that it continues in force until the contrary is proved.
It must be hard to prove that laws founded on the permanent social
relations of men were intended to be temporary.
Besides this general consideration, we find specific recognitions of
the continued obligation of the Levitical law in the New Testament.
John the Baptist, as recorded in Mark vi. 18 and Matthew xiv. 4, said
to Herod that it was not lawful for him to have his brother Philip's
wife. It matters not, as to the argument, whether Philip was living or
not. The offence charged was not that he had taken another man's wife,
but that he had taken his brother's wife. It may be objected to this
argument that during the ministry of John the Baptist the law of Moses
was still in force. This Gerhard denies, who argues from Matthew xi.
13, "All the prophets and the law prophesied until John, that the
Baptist's ministry belongs to the new dispensation. [364] This may be
doubted. Nevertheless John expressed the moral sentiment of his age;
and the record of the fact referred to by the Evangelists whose Gospels
were written after the Christian Church was fully organized, is given
in a form which involves a sanction of the judgment which the Baptist
had expressed against the marriage of Herod with his brother's wife. It
is also to be remembered that the Herodian family was Idumean, and
therefore, that a merely Jewish law would have no natural authority
over them.
The Apostle Paul, moreover, in 1 Corinthians v. 1, speaks of a man's
marrying his step-mother as an unheard of offence. That this was a case
of marriage and not of adultery is plain because the phrase gunaika
echein is never used in the New Testament except of marriage. This,
therefore, is a clear recognition of the continued obligation of the
law forbidding marriage between near relations, whether the
relationship was by consanguinity or affinity.
6. The Bible everywhere enforces those laws which have their foundation
in the natural constitution of men. That this Levitical law is a divine
authentication of a law of nature, may be inferred from the fact that
with rare exceptions the intermarriage of near relations is forbidden
among all nations. Paul says that the marriage of a man with his
step-mother was unheard of among the heathen; i.e., it was forbidden
and abhorred. Cicero exclaims, "Nuoit genero socrus. . . . . O mulieris
incredibile et præter hanc unam in omni vita inauditum!" [365] Beza
says, It must not be overlooked that the civil laws of the Romans agree
completely in reference to this subject with the divine law. They
seemed to have copied from it. [366]
No Christian Church doubts the continued obligation of any of the laws
of the Pentateuch, of which it can be said that the reason assigned for
their enactment is the permanent relations of men; that the heathen are
condemned for their violation; and that the New Testament refers to
them as still in force: and which heathen nations under the guidance of
natural conscience have enacted.
How is the Levitical Law to be interpreted?
Admitting the Levitical law of marriage to be still in force, the next
question is, How is it to be interpreted? Is it to be understood as
specifying the degrees of relation, whether of consanguinity or of
affinity, within which intermarriage is forbidden? or, is it to be
viewed as an enumeration of particular cases, so that no case not
specifically mentioned is to be included in the prohibition?
The former of these rules of interpretation is the one generally
adopted; for the following reasons: -1. The language of the law itself. It begins with a general prohibition
of marriage between those who are near of kin. Nearness of kindred is
made the ground of the prohibition. The specifications which follow are
intended to show what degree of nearness of kindred works a
prohibition. This reason applies to many cases not particularly
mentioned in Leviticus xvii. or elsewhere. The law would seem to be
applicable to all cases in which the divinely assigned reason for its
enactment is found to exist.
2. The design of the law, as we have seen, is twofold: first, to keep
sacred those relationships which naturally give rise to feelings and
affections which are inconsistent with the marriage relation; and
secondly, the preservation of domestic purity. As the natural
affections are due partly to the very constitution of our nature, and
partly to the familiarity and constancy of intercourse, and the
interchange of kindly offices, it is natural that in the enumeration of
the prohibited cases regard should be had, in the selection, to those
in which this familiarity of intercourse, at the time the law was
enacted, actually prevailed. In the East the family is organized on
different principles from those on which it is organized in the West.
Among the early Oriental nations especially, the males of a family with
their wives remained together; while the daughters, being given in
marriage, went away and were amalgamated with the families of their
husbands. Hence it would happen that relatives by the father's side
would be intimate associates, while those of the same degree on the
mother's side might be perfect strangers. A law, therefore, constructed
on the principle of prohibiting marriage between parties so related as
to be already in the bonds of natural affection and who were
domesticated in the same family circle, would deal principally in
specifications of relationships on the father's side. It would not
follow, however, from this fact, that relations of the same grade of
kindred might freely intermarry, simply because they were not specified
in the enumeration. The law in its principle applies to all cases,
whether enumerated or not, in which the nearness of kin is the source
of natural affection, and in which it leads to and justifies intimate
association.
3. Another consideration in favour of the principle of interpretation
usually adopted, is, that the opposite rule would introduce the
greatest inconsistencies into the law. The law forbids marriage between
those near of kin; and, according to this rule, it goes on alternately
permitting and forbidding marriages where the relationship is precisely
the same. Thus, a man cannot marry the daughter of his son; but a woman
may marry the son of her daughter; a man cannot marry the widow of his
father's brother, but he may marry the widow of his mother's brother; a
woman cannot marry two brothers, but a man may marry two sisters. These
inconsistencies might be intelligible if the law were a temporary and
local enactment, designed for a transient state of society; but they
are utterly unaccountable if the law be one of permanent and universal
obligation. A rule of interpretation which brings uniformity and
consistency into these enactments of Scripture, is certainly to be
preferred to one which renders them confused and inconsistent.
Prohibited Degrees.
The cases specifically mentioned are: 1. Mother. 2. Stepmother. 3.
Grand-daughter. 4. Sister and half-sister, "born at home or born
abroad," i.e., legitimate or illegitimate. 5. Aunt on the father's
side. 6. Maternal aunt. 7. The wife of a father's brother. 8.
Daughter-in-law. 9. Brother's wife. 10. A woman and her daughter. 11. A
wife's grand-daughter. 12. Two sisters at the same time.
The meaning of Leviticus xviii. 18, has been much disputed. The
question is, Whether the words 'sh 'l'tth, "a woman to her sister," are
to be understood in their idiomatic sense, "one to another," so that
the law forbids bigamy, the taking of one wife to another during her
lifetime; or, Whether they are to be taken literally, so that this law
forbids a man's marrying the sister of his wife while the latter is
living. It is certain that the words in question have in several places
the idiomatic sense ascribed to them. In Exodus xxvi. 3, "Five curtains
shall be coupled together one to another," literally, "a woman to her
sister;" so in verse 5, the loops take hold, "a woman and her sister;"
ver. 6, the taches of gold unite the curtains, "a woman and her
sister." Also in ver. 17. Thus also in Ezekiel i. 9, it is said, "their
wings were joined one to another," "a woman to her sister;" and again
in ch. iii. 13. The words therefore admit of the rendering given in the
margin of the English version. But it is objected to this
interpretation in this case: (1.) That the words in question never mean
"one to another," except when preceded by a plural noun; which is not
the case in Leviticus xviii. 18. (2.) If this explanation be adopted,
the passage contains an explicit prohibition of polygamy, which the law
of Moses permitted. (3.) It is unnatural to take the words "wife" and
"sister" in a sense different from that in which they are used
throughout the chapter. (4) The ancient versions agree with the
rendering given in the text of the English Bible. The Septuagint has
gunaika ep adelphe autes; the Vulgate, "sororem uxoris tuæ."
In this interpretation the modern commentators almost without exception
agree. Thus Maurer renders the passage: "Uxorem ad (i.e., præter)
sororem ejus ne ducito,' i.e., Nolli præter tuam conjugem aliam insuper
uxorem ducere, quæ illius soror est." [367] Baumgarten's comment is:
"From the fact that the prohibition of the marriage of a wife's sister
is expressly conditioned on the life of the former, we must infer with
the Rabbins, that after the death of the wife this marriage is
permitted. True, the degree of affinity is here the same as in ver. 16,
but there the relationship is on the male, here on the female side;
this makes a difference, because under the Old Testament the woman had
not attained to the same degree of personality and independence as the
man." [368] Rosenmüller says: "Uxorem ad sororem ejus ne ducas, duas
sorores ne ducas in matrimonium, scil. vhyyh in vita ejus, i.e., uxore
tua vivente. Non igitur prohibet Moses matrimonium cum sorores uxoris
mortuæ." [369] Knobel says: "Finally, a man shall not marry . . . . the
sister of his wife, so long as the latter lives. . . . . To marry one
after the other, after the death of the other, is not forbidden." [370]
Keil understands v. 18 in the same way. It forbids, according to his
view, a man's having two sisters, at the same time, as his wives.
"After the death of the first wife," he adds, "marriage with her sister
was allowed." [371]
The inference which these writers draw from the fact that in this
passage the marriage of a wife's sister is forbidden during the life of
the wife, that the marriage of the sister, after the death of the wife,
is allowed, is very precarious. All that the passage teaches is, that
if a man chooses to have two wives, at the same time, which the law
allowed, they must not be sisters; and the reason assigned is, that it
would bring the sisters into a false relation to each other. This
leaves the question of the propriety of marrying the sister of a
deceased wife just where it was. This verse has no direct bearing on
that subject.
The cases not expressly mentioned in Leviticus xviii., although
involving the same degree of kindred as those included in the
enumeration, are: 1. A man's own daughter. This is a clear proof that
the enumeration was not intended to be exhaustive. 2. A brother's
daughter. 3. A sister's daughter. 4. A maternal uncle's widow. 5. A
brother's son's widow. 6. A sister's son s widow. 7. The sister of a
deceased wife.
As nearness of kindred is made the ground of prohibition, and as these
cases are included within "the degrees" specified, the Church has
considered them as belonging to the class of prohibited marriages. It
is, however, to be considered that the word "prohibited," as here used,
is very comprehensive. Some of the marriages specified in the Levitical
law are prohibited in very different senses. Some are pronounced
abominable, and those who contract them are made punishable with death.
Others are pronounced unseemly, or evil, and punished by exclusion from
the privileges of the theocracy. Others again incur the penalty of
dying childless; probably meaning that the children of such marriages
should not be enrolled in the family registers which the Jews were so
careful to preserve.
As this distinction is recognized in the law itself, so it is founded
in the nature of the case. As nearness of kin varies from the most
intimate relationship to the most distant, so these marriages vary in
their impropriety from the highest to the lowest degree. Some of them
may, in certain cases, be wrong, not in themselves, but simply from the
obligation to uphold a salutary law. That is, there may be cases to
which the law, but not the reason of the law applies. For example; a
man may go thousands of miles from home and marry: his wife would stand
in a very different relation to her husband's brothers, than had she
lived in the same house with them. The law forbidding a woman to marry
the brother of her deceased husband, would apply to her; but the reason
of that law would affect her in a very slight degree; nevertheless,
even in her case, the law should be observed.
There is another obvious remark that ought to be made. Strong
repugnance is often felt and expressed against the Levitical law, not
only because it is regarded as placing all the marriages specified on
the same level, representing all as equally offensive in the sight of
God, but also from the assumption that all the marriages forbidden are,
if contracted, invalid. This is a wrong view of the subject. It is
inconsistent with the law itself, and contrary to the analogy of
Scripture. The law recognizes a great disparity in the impropriety of
these marriages. Some, as just remarked, are utterly abominable and
insufferable. Others are specified because inexpedient or dangerous, as
conflicting with some ethical or prudential principle.
It is in this as in many other cases. The Mosaic law discountenanced
and discouraged intermarriage between the chosen people and their
heathen neighbours. With regard to the Canaanites, such intermarriages
were absolutely forbidden; with other heathen nations, although
discountenanced, they were tolerated. Joseph married an Egyptian;
Moses, a Midianite; Solomon married Pharaoh's daughter. Such marriages,
in the settled state of the Jewish nation, may have been wrong, but
they were valid. Even now under the Christian dispensation, believers
are forbidden to be unequally yoked together with unbelievers. It does
not follow from this that every marriage between a believer and an
unbeliever is invalid. These remarks are not out of place. The truth
suffers from being misapprehended. If the Bible is made to teach what
is contrary to the common sense, or the intuitive judgments of men, it
suffers great injustice. No man can force himself to believe that a
man's marrying the sister of a deceased wife is the same kind of
offence as a father's marrying his own daughter. The Bible teaches no
such doctrine; and it is a slander so to represent it.
Concluding Remarks.
The laws of God are sacred. They are founded, not only on his infinite
wisdom, but also on the nature of his creatures, and, therefore, should
be sedulously observed. There may, in some cases, be honest difference
of opinion as to what the law or will of God is, but when ascertained,
it is our wisdom and duty to make it the rule of our conduct. This is
so obvious that the statement of it may seem entirely superfluous. It
is so common. however, for men professing to be Christians to make
their own feelings, opinions, and views of expediency, the rule of
action for themselves and others, that it is by no means a work of
supererogation, to reiterate on all proper occasions the truism that
there is no wisdom like God's wisdom, and that men are never wise
except when they follow the wisdom of God as revealed in his Word, even
when they have to do it blindly.
There are certain principles which underlie the marriage laws of the
Bible, which all men in their private capacity and when acting as
legislators, would do well to respect, -1. The first is, that marriage is not a mere external union; it is not
simply a mutual compact; it is not merely a civil contract. It is a
real, physical, vital, and spiritual union, in virtue of which man and
wife become, not merely in a figurative sense, but really, although in
a mysterious sense, one flesh. This is not only expressly declared by
Christ himself to be the nature of marriage, but it is the doctrine
which underlies the whole Levitical law on this subject. Nearness of
kin is expressed constantly by saying that one is "flesh of the flesh"
of the other, s'r vsrv, "Carnem carnis suæ s. corporis sui esse
cognatam propinquam, quæ est ut caro ejusdem corporis." [372] According
to the Scriptures, therefore, husband and wife are the nearest of all
relations to each other. According to the spirit, and most of the
legislation of the present age, they are no relations at all. They are
simply partners. If one member of a business firm die, his property
does no; go to his partner, but to his own family; so if a wife die,
without children, her property does not go to her husband, but to her
third or fourth cousins. They, in the eye of the law, are more nearly
related to her than her husband. This is not the light in which God
looks upon marriage.
2. The second principle which underlies these marriage-laws is, that
affinity is as real a bond of relationship as consanguinity. Fully one
half of the marriages specified in Leviticus are prohibited on the
ground of affinity. The same form of expression is used to designate
both kinds of relationship. Those related to each other by affinity are
said to be "flesh of the flesh," one of the other, just as blood
relations; because all the specifications contained in the eighteenth
chapter of Leviticus are included under the general prohibition
contained in the sixth verse, "None of you shall approach to any that
is near of kin to him;" under this head are included step-mothers;
mothers-in-law; step-daughters; sisters-in-law (as when a man is
forbidden to marry the widow of his brother); uncle's wife, etc. These
relationships are traced out in the line of affinity, just as far as
they are in that of consanguinity. The declaration, therefore,
contained in the Westminster Confession, [373] "The man may not marry
any of his wife's kindred nearer in blood than he may of his own, nor
the woman of her husband's kindred nearer in blood than of her own," is
a simple and comprehensive statement of the law as laid down in
Leviticus. In saying that affinity is as real a bond of relationship as
consanguinity, it is not meant that it is as strong. A daughter is a
nearer relation than a step-daughter, or daughter-in-law; a mother than
a step-mother; a sister than a sister-in-law. This, as we have seen, is
recognized in the law itself. The Bible asserts nothing inconsistent
with fact or nature. In making affinity a real bond of kindred, it is
meant that it is no merely nominal, or conventional, or arbitrary. It
has its foundation in nature and fact.
Mr. Bishop, in his elaborate work on "Marriage and Divorce," says, " A
truly enlightened view will doubtless discard altogether affinity as an
impediment, while it will extend somewhat the degrees of consanguinity
within which marriages will be forbidden." [374] He also teaches [375]
that "the relationship by affinity" ceases "with the dissolution which
death brings to the marriage. . . . . If, when a man's wife dies, she
is still his wife, then, of course, her sister is still his
sister. . . . . If, on the other hand, the wife is no more the wife
after her death, then is her sister no more the sister of the husband.
And though men who have no other idea of religion than to regard it as
a bundle of absurd and loathed forms, may not be able to see how the
termination of the relationship by the death of the wife is of any
consequence in the case, yet men who discern differently and more
wisely, will discover nothing unseemly in practically acting upon a
fact which everybody knows to exist."
It is very evident that Mr. Bishop never asked himself what, in the
present connection, the word "relationship" means. Had he had any clear
idea of the meaning of the word, he never could have written the above
sentences. By relationship is here meant the relation in which parties
stand to each other; and that, in the case supposed, is a matter of
feeling, affection, and intimacy. This relationship is not dissolved by
the death of the person through whom it arose. A wife's sister
continues to cherish to her widowed brother-in-law the same sisterly
affection after, as before her sister's death. She can live with him,
guide his house, and take charge of his children, without the slightest
violation of her self-respect, and without fear of incurring the
disrespect of others.
Besides, if relationship by affinity is dissolved by death, then a son
may, on the death of his father, marry his step-mother, which Paul says
(1 Cor. v. 1) was not tolerated among the heathen. We have not come to
that yet. On the principle of Mr. Bishop, a man may marry his
mother-in-law, his daughter-in-law, and, on the death of the mother,
his step-daughter. All this the Bible forbids; and whatever religion in
some of its manifestations may be, the Bible, surely, is not "a bundle
of absurd and loathed forms." It is the wisdom of God, in the presence
of which the wisdom of man is foolishness.
3. The great truth contained in these laws is, that it is the will of
God, the dictate of his infinite and benevolent wisdom that the
affections which belong to the relation in which kindred (whether by
consanguinity or affinity) stand to each other, should not be
disturbed, perverted, or corrupted by that essentially different kind
of love which is appropriate and holy in the conjugal relation; and
that a protecting halo should be shed around the family circle.
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[328] Calvin in his comment on this verse says: "Non multo post
Apostoli mortem exorti sunt Encratitæ (qui nomen sibi a continentia
indiderunt) Taciani; Cathari; Montanus cum sua secta, et tandem
Manichæi, qui ab esu carnium et conjugio abhorrerent, et tanquam res
profanas damnarent. . . . . Excipiunt [Papistæ] se Encratitis et
Manichæis esse dissimiles, quia non simpliciter usum conjugii et
carnium interdicunt, sed certis tantum diebus cogunt ad carnis
abstinentiam, solos autem monachos et sacerdotes cum monialibus ad
votum coelibatus cogunt. Verum hæc. . . . . nimis frivola est
excusatio. Nam sanctimoniam nihilo minus in his rebus locant; deinde
falsum et adulterinum Dei cultum instituunt: postrema conscientias
alligant necessitati, a qua debebant esse liberæ." Edit. Berlin, 1831.
[329] Institutio, II. viii. 41, 42; edit. Berlin, 1834, vol. i. pp.
264. 265.
[330] Commentary, Critical and Explanatory, on The Old and New
Testament. Matthew xix. 11. By Rev. Robert Jamieson, St. Paul's,
Glasgow, Scotland; Rev. A. R. Fausset, A. M., St. Cuthbert, York,
England; and the Rev. David Brown, D. D., Aberdeen, Scotland, Hartford,
Conn. 1871.
[331] Calvin on Matthew xix. 10, 11, in N. T. Comment. Berlin, 1838,
vol. ii. p. 159. Although Calvin sometimes speaks disparagingly of
marriage, at other times, especially when writing against the Papists,
he vindicates its sanctity. Thus in connection with the passage quoted
above, he says: "Si conjugium instituit Deus in communem humani generis
salutem, licet quædem minus grata secum trahat, non ideo protinus
spernendum est. Discamus ergo, si quid in Dei beneficiis nobis non
arridet, non tam lauti esse ac morosi, quin reverenter illis utamur.
Præsertim nobis in sancto conjugio cavenda est hæc pravitas: nam quia
multis molestiis implicitum est, semper conatus est Satan odio et
infamia gravare, ut homines ab eo subduceret. Et Hieronymus nimis
luculentum maligni perversique ingenii specimen in eo edidit, quod non
tantum calumniis exagitat sacrum illum et divinum vitæ ordinem, sed
quascunque potest ex profanis auctoribus loidorias accumulat, quæ ejus
honestatem determent." Ibid. p. 158.
[332] See Schaff, History of the Christian Church, New York, 1867, vol.
i., §§ 91, 96.
[333] Augustine, De Bono Conjugali, 10; Works, edit. Benedictines,
Paris, 1837, vol. vi. p. 551, c.
[334] Sess. xxiv., canon 10; Streitwolf, Libri Symbolici, Göttingen,
1846, p. 91.
[335] Epist. lib. iii. p. 7.
[336] See Herzog's Real-Encyklopädie, Art. "Cölibat."
[337] Bulla, lvii. § 7, 26; Magn. Bull. Rom., Luxemburg, 1752, vol.
xvi. p. 100, b. The controversies in the Church on this subject are
detailed by the leading modern ecclesiastical historians, as Neander,
Gieseler, and Schaff. The merits of the question are discussed in
numerous separate treatises, as well as in such books as Burnet's
Exposition of the Thirty-Nine Articles, Jeremy Taylor's Ductor
Dubitantium (III. iv. Works, London, 1828, vol. xiii. pp. 549-616),
Elliott's Delineation of Romanism, Thiersch's Vorlesungen über
Katholicemus und Protestantismus, 2d edit. Erlangen, 1848.
[338] This however was in accordance with the canonical law, which made
error as to the condition of one of the parties, as bond or free, a
ground of annulling the marriage contract. Stahl, De Matrimonio
Rescindendo. Berlin, 1841. Canon Leg. cap. 2, 4, x., de conjugio
servorum, 4, 9. See Göschen in Herzog's Encyklopädie, art. "Ehe." This
is still the doctrine of the Romish Church. See Dens, Tractatus de
Matrimonio; Theologia, edit. Dublin, 1832, vol. vii. N. 72, p. 199. See
also Commentaries on the Law of Marriage and Divorce, by Joel Prentiss
Bishop. 4th edit., Boston, 1864, vol. i. chap. x. § 154-163.
[339] Die Genesis, Leipzig, 1852, p. 114.
[340] The fact that men and women, who make the murder of infants a
profession, are rolling in wealth, is enough to rouse any community
from its false security.
[341] Lib. VI. cap. xiv.; Works of Clement of Rome, edit. Migne, Paris,
1857, vol. i. p. 245, c.
[342] II. viii. 17 (19, xxvi.); Streitwolf, Libri Symbolici, Göttingen,
1846, vol. i. p. 458.
[343] Works, edit. Benedictines, Paris, 1837, vol. vi. p. 658.
[344] Sess. xxiv. Canon 7; Streitwolf, Libri Symbolici, Göttingen,
1846, vol. i. pp. 90, 91.
[345] That the word porneia, as used in Matthew v. 32, and xix. 9,
means adultery, there can be no reasonable doubt. Porneia is a general
term including all unlawful cohabitation, as Theodoret on Romans i. 29
(edit. Halle, 1771) says, kalei porneian ten ou kata gamon ginomenen
sunousian; whereas moicheia is the same offence when committed by a
married person. For the definite use of the word porneia, see 1
Corinthians v. 1. Tholuck discusses the meaning of this word as used in
Matthew, at great length in his Bergpredigt, edit. Hamburg, 1845, pp.
225-230.
[346] Comment. 1 Cor. vii. 15: edit. Venice, 1717.
[347] See the elaborate article on "Ehe" in Herzog's Encyklopädie, and
President Woolsey's recent Essay on Divorce, New York, 1869, chap. IV.
President Woosley does not, for himself, understand 1 Corinthians vii.
15, to teach that desertion justifies divorce.
[348] Catechismus, ex Decreto Concilii Tridentini, ad Parochos, Pii V.
Pont. Max. Jussu editus, II. viii. quæst. 3; Streitwolf, vol. i. p.
448.
[349] Catechismus Romanus, II. viii. quæst. 14, 16; Streitwolf, vol. i.
pp. 454-457.
[350] II. viii. quæst. 15; Streitwolf, vol. i. pp. 455, 456.
[351] Sess. XXIV.; Ibid. vol. i. p. 89.
[352] These sixteen causes are expressed in the following lines: -"Error, conditio, votum, cognatio, crimen,
Cultus disparitas, vis, ordo, ligamen, honestas,
Amens, affinis, si clandestinus et impos,
Si mulier sit rapta, loco nec reddita tuto;
Si impubes, ni forte potentia suppleat annos;
Hæc socianda vetant connubia, facta retractant."
Dens, Theologia Moralis et Dogmatica, De Matrimonio, N. 70, edit.
Dublin, 1832, vol. vii. p. 194.
[353] Council of Trent, Sess. XXIV. canon 4; Streitwolf, vol. i. p. 90.
[354] Essay on Divorce, by Theodore D. Woolsey, D. D., LL. D., New
York, 1869, p. 127.
[355] Essay on Divorce, p. 178.
[356] See his elaborate article on "Ehe" in Herzog's Real-Encyklopädie,
Stuttgart and Hamburg, 1855, vol. iii. p. 703.
[357] Bishop, Marriage and Divorce, book VII. chap. xl. §§ 827 [542],
830 [544], 4th edit. Boston, 1864, vol. i.
[358] See Woolsey, Essay on Divorce, New York, 1869, p. 205.
[359] Die Philosophie des Rechts, Rechts- und Staatslehre, I. iii. 3.
1. § 69, 4th edit. Heidalberg, 1870, vol. ii. part 1, p. 441.
[360] Ibid. § 68; p. 435.
[361] Commentaries on the Laws of Moses. By Sir John David Michaelis,
Professor of Philosophy in the University of Göttingen. Translated by
Alexander Smith, D. D., London, 1814, vol. ii. arts. 104-108, pp.
54-76.
[362] De Civitate Dei, XV. xvi. 1: Works, edit. Benedictines, Paris,
1838, vol. vii. pp. 633, 634.
[363] Evangelische Kirchen-Zeitung, June 1840, pp. 369-416; see p. 378.
[364] Loci Theologici, XXVI. v. ii. 2. 1. 1. § 129, edit. Tübingen,
1776, vol. xv. p. 285. Gerhard subjects the whole subject of prohibited
marriages to a protracted discussion.
[365] Pro A. Cluentio, V. vi. (14, 15); Works, edit. Leipzig, 1850, p.
374, b.
[366] Beza, De Repudiis et Divortiis, Tractationes Theologicæ, edit.
Eustathius Vignon, 1582, vol. ii. p. 52.
[367] Commentarius Grammaticus Criticus in Vetus Testamentum, Leipzig,
1835, vol. i. p. 51.
[368] Theologischer Commentar zum Pentateuch, Kiel, 1844, vol. i. part
2, p. 204.
[369] Scholia in Vetus Testamentum in Compendium redacta, Leipzig,
1828, vol. i. p. 539.
[370] Kurzgefasstes exegetisches Handbuch zum Alten Testament. Exodus
und Leviticus erklärt, von August Knobel, Leipzig, 1857, pp. 505, 506.
[371] Biblischer Commentar über das Alte Testament, Herausgegeben von
Carl Friedr. Keil und Frank Delitzsch; Die Bücher Moses, von C. F.
Keil, Leipzig, 1862, vol. ii. p. 117.
[372] Rosenmüller, Scholia in Vetus Testamentum in Compendium redacta,
Leipzig, 1838, vol. i. pp. 536, 537.
[373] Chap. xxiv. 4.
[374] Commentaries on the Law of Marriage and Divorce, by Joel Prentiss
Bishop, Boston, 1864, vol. i. § 320.
[375] Ibid. § 314, note 2.
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